Application of Strand
| Decision Date | 10 February 1961 |
| Docket Number | No. 30021,30021 |
| Parties | In re Application of Oscar B. STRAND for reinstatement to practice law. |
| Court | Minnesota Supreme Court |
1. The purpose of disciplining an attorney is not punishment but to guard the administration of justice and protect the public interest.
2. Stronger proof of good moral character is required for readmission to the bar than for original admission; and the burden of producing such proof is on applicant.
3. Upon application for reinstatement of a disciplined attorney, the court takes into consideration intellectual as well as moral qualifications of the applicant.
4. Where an applicant disbarred in 1935 has shown moral rehabilitation, a referee has recommended his reinstatement, and evidence supports the referee's recommendation, the application for reinstatement to the bar will be granted.
Glen P. Powrie, Minneapolis, Roger Catherwood, Austin, for Practice of Law Committee of Minn. State Bar Ass'n.
O. B. Strand, Edina, Donald H. Seel, Richfield, for appellant.
This is an application for reinstatement of a disbarred attorney.
Principles applicable to reinstatement of a lawyer were enunciated and discussed by this court in In re Application of Smith for Reinstatement, 220 Minn. 197, 19 N.W.2d 324. The cases are extensively reviewed and summarized in Annotation, 70 A.L.R.2d 268. There is no doubt as to the applicable principles, and we reaffirm the opinion in In re Application of Smith for Reinstatement, supra.
The purpose of disciplining an attorney is not to punish him but to guard the administration of justice and protect the public interest. While the court should be slow to disbar an attorney, it should be even more cautious in readmitting to practice. Stronger proof of good moral character and trustworthiness should be required than in an original admission. The burden of producing such proof is upon applicant.
Upon application for reinstatement of a disciplined attorney, the court should take into consideration the intellectual as well as the moral qualifications of the applicant. It is the duty of the court in such a case to act with justice to the profession and public, as well as to the applicant, and without regard to mere feelings of sympathy for applicant. Upon filing of a petition for reinstatement of a disciplined attorney, the court will refer the matter to the practice of law committee of the Minnesota State Bar Association for a report, and thereafter, if any doubt remains, in its discretion, will order a reference and follow the same procedure as in disbarment proceedings.
Applicant was admitted to practice law in this state in 1909. He was disbarred May 3, 1935, by decision of this court: In re Disbarment of Strand, 194 Minn. 391, 260 N.W. 499. An application for reinstatement was filed April 18, 1958. The matter was referred to the practice of law committee of the Minnesota State Bar Association which held a hearing on March 20, 1959, at which applicant appeared with an attorney....
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In re Smith
... ... VI, § 35, that annulment of a license to practice law does not prohibit an application by a disbarred 585 S.E.2d 605 attorney for a new license as if the former license had never been issued ... In 1971, after our ... Cf. In re Application of Strand, 259 Minn. 379, 381, 107 N.W.2d 518 (1961) ... The board has heard testimony and observed witnesses and, by virtue of this firsthand observation, is ... ...
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Brown, In re
... ... See ... Page 569 ... Application of Spriggs, 90 Ariz. 387, 388, n. 1, 368 P.2d 456 (1962); In re Barton, 273 Md. 377, 379, 329 A.2d 102 (1974); In re Application of Strand, 259 Minn ... ...
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Hiss, In re
... ... 166, 168, 37 N.E.2d 516 (1941); Kepler v. State Bar of Cal., 216 Cal. 52, 55, 13 P.2d 509 (1932); In re Application of Smith, 220 Minn. 197, 200, 19 N.W.2d 324 (1945)) and upright of character, not that they are willing to admit past mistakes. Statements of guilt ... 387, 388, n. 1, 368 P.2d 456 (1962); In re Barton, 273 Md. 377, 379, 329 A.2d 102 (1974); In re Application of Strand, 259 Minn. 379, 381, 107 N.W.2d 518 (1961); In the Matter of the Petition of Seijas, 63 Wash.2d 865, 868--869, 389 P.2d 652 (1964). Cf. In re ... ...
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In re Tigue, A19-1603
... ... 8 D. Both Tigue and the dissent challenge the application of the moral change requirement to Tigue's misconduct. Tigue argues that his misconduct did not show any kind of moral failing on his part, such as ... , Smith , 19 N.W.2d at 326 (embezzlement); In re Strand , 259 Minn. 379, 107 N.W.2d 518, 519 (1961) (dishonesty towards clients and business partners); 8 In re Peterson , 288 Minn. 550, 181 N.W.2d ... ...