§ 158. LIABILITY FOR MONEY COLLECTED ON CLIENT'S ACCOUNT. If a lawyer neglects or refuses to pay over money to his client after due demand has been made, he thereby becomes liable to a suit for its recovery.1 He is liable also for interest, and in some States for more than the legal rate of interest." § 159. SUMMARY OF CHAPTER. If a lawyer disregards instructions, or exceeds his authority, the client has a right of action for any damages that may have accrued in consequence thereof. Every lawyer impliedly guarantees that he possesses at least the average amount of skill and learning in his profession, and that he will exercise the same with due diligence in his client's behalf. Failure so to do will render him liable to his client in an action for damages. Errors of law or judgment, if negligently made, give the client a right of action. Negligence in 1 Roberts v. Armstrong, 1 Bush (Kentucky), 263, 89 American Decisions, 624; Taylor v. Bates, 5 Cowen (New York), 376; Chapman v. Burt, 77 Illinois, 337. 2 "An attorney at law who unreasonably neglects to pay over money which has been collected by him for and in behalf of a client, when demanded by the client, shall forfeit to such client five times the lawful interest of the money from the time of the demand." Massachusetts Revised Laws, chap. 165, § 49. collecting money, or in the trial of an action, or in drawing legal documents has a similar effect. The lawyer is liable for money collected in his client's behalf, and under some circumstances for interest thereon. CHAPTER XVII DISBARMENT AND SUSPENSION SEC. 160. Meaning of the Terms. SEC. 161. To Inflict either, Discretionary with the Court. SEC. 164. Violation of Oath of Office. Analysis of Attorney's Oath. Attorney's Oath in the various States of the Union. SEC. 165. Offenses Recognized by the Common Law as Causes for Disbarment. SEC. 166. Offenses especially Designated by Statute as Causes for Disbarment. Illustrations. SEC. 167. Specific Examples of Causes for Disbarment. Conviction of Crime. Embezzlement. Conversion of Funds of Client. If Crime is Condoned. Dishonesty. Breach of Trust. Obstructing Justice. Abusing Judge. Slandering Fellow Attorney. Divorce Advertising. Bringing Unauthorized Suit. SEC. 168. Summary of Chapter. § 160. MEANING OF THE TERMS. Disbarment: "In England, to deprive a barrister permanently of the privileges of his position is analogous to striking an attorney off the rolls. In America, the word describes the act of a court in withdrawing from an attorney the right to practice at its bar." - Black's Law Dictionary. Suspension: To suspend an attorney is to forbid him practicing law for a certain definite time or for an indefinite period. § 161. TO INFLICT EITHER, DISCRETIONARY WITH THE COURT. The court before which charges are brought, which upon trial are fairly proven against the attorney, has discretionary power to disbar or suspend the offender. Disbarment proceedings are distinct from any criminal proceedings that may be brought, even though the cause for each may be identical. Disbarment or suspension affects the attorney merely in his professional capacity and does not abridge his ordinary rights as a citizen. It is not necessary that actual criminal conduct be proven, but it is sufficient if such facts are proven as show him to be an unfit person to practice law. Proof falling short of this may subject the accused to suspension or to mere judicial reprimand. § 162. REINSTATEMENT OF DISBARRED OR SUSPENDED ATTORNEY. If an attorney is suspended for a definite time, his right to resume practice upon the expiration of the period is unquestioned. If an attorney who has once been disbarred seeks to resume practice, he can do so only upon positive proof of reformation and of subsequent good character.' His application for reinstatement must be under oath and must set forth the facts concerning the disbarment proceedings, as well as the alleged causes for reinstatement." § 163. CAUSES FOR DISBARMENT OR SUSPENSION. Causes for disbarment or suspension may be divided into three general heads, violation of oath of office, commission of offenses recognized by the common law as causes for disbarment, and commission of offenses especially designated by statute as causes for disbarment or suspension. § 164. VIOLATION OF OATH OF OFFICE. The attorney's oath of office usually involves, in addition to the oath respecting his conduct as an attorney, the oath to support and defend the constitutions of the United States and of the State in which he is to practice. As for the oath respecting his conduct as an attorney, there is considerable variation among the States of the Union. In some the oath is exceed 1 In re Simpson (North Dakota), 93 Northwestern Reporter, 918. * In re Newton (Montana), 70 Pacific Law Reporter, 510. |