Discipline of Crabb, Matter of, 15857

• Decision Date: 09 December 1987
• Docket Number: No. 15857,15857
• Citation: 416 N.W.2d 258
• Parties: In the Matter of the DISCIPLINE OF Samuel W. CRABB, as an Attorney at Law.
• Court: South Dakota Supreme Court

Page 258

416 N.W.2d 258

In the Matter of the DISCIPLINE OF Samuel W. CRABB, as an Attorney at Law.

No. 15857.

Supreme Court of South Dakota.

Argued Oct. 14, 1987.

Decided Dec. 9, 1987.

R. James Zieser, Disciplinary Bd. of the State Bar Ass'n, Tyndall, for complainant.

Joseph M. Butler and Allen G. Wilson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for respondent.

Samuel W. Crabb, Rapid City, pro se.

MORGAN, Justice.

This is an original proceeding under this court's jurisdiction to discipline attorneys, pursuant to SDCL ch. 16-19. The proceedings were commenced after the Disciplinary Board of the South Dakota Bar (Board) investigated a number of complaints against Samuel W. Crabb (Crabb), and filed a preliminary report of its findings and recommended formal proceedings toward the proposed disposition of disbarment.

Crabb was admitted to practice before the Bar of this state on March 12, 1956, and since that time, subject to the exceptions and restrictions hereafter specifically noted, has been in the active practice of law in the State of South Dakota. This is the third time during that thirty-one-year period that Crabb has been before this court on disciplinary matters. In 1974, he was first before us for the offense of withholding a client's money. That offense resulted in a six-month suspension.

Thereafter, in 1976, Crabb was again before this court charged with gross neglect in various aspects: handling clients' trust funds, failure to meet statute of limitations deadlines, untimely delay in getting out work, and failure to respond to grievance committee inquiries. In that proceeding, this court determined that Crabb should not be in the private practice of law due to his inability to efficiently and expeditiously handle the legal affairs of his clients. The matter was deferred for a period of one year upon the terms of a letter of agreement, consented to by Crabb, which required that Crabb discontinue the private practice of law by July 1, 1977, and close all open files in his office or transfer them to other attorneys. However, he was not prohibited from seeking or being employed by any public or private corporation or governmental entity. At the end of the year the deferral was continued for two more years, again with Crabb's consent. At the end of that period, this court, being unaware of any continuing problems, dismissed the proceedings.

The formal charge against Crabb in this proceeding falls into three principal categories. The first is with respect to violations of DR 1-102(A)(1), violation of a disciplinary rule, and DR 6-101(A)(3), neglect of a legal matter entrusted to him. The charge lists twenty specific cases (mostly estates, summary probates and guardianships) where it is alleged that Crabb was neglectful. The second category involves violations of SDCL 16-19-54, failure to respond to Board's inquiries, which regard five of the cases included in the first category. The third category involves violations of DR 1-102(A)(6), conduct that adversely reflects on his fitness to practice law. The first such violation involves failure to timely file sales tax returns for most of the quarters during 1985 and 1986. The second violation involves issuance of insufficient funds checks in payment of sales taxes due on three different occasions in 1985 and 1986. It is noted that failure to file a return within thirty days of due date and failure to pay tax due within thirty days of due date two or more times in any twelve-month period constitutes a Class 6 felony. When Crabb was indeed charged with a felony for his violations, he managed to plea bargain it down to a misdemeanor to which he pleaded guilty.

Because Crabb did not dispute any of the charges, this court deemed appointment of a referee to be unnecessary and the matter was brought on for formal hearing. Board was represented by counsel and Crabb appeared in person and by counsel. There being no factual dispute, the sole question before us is the disposition to be made.

While Crabb does not seriously dispute any of the charges, he would down-play the effect of some of his neglectful acts as regards damage to his clients. In one instance, he has confessed judgment to the client, which judgment remains unsatisfied, and in another he has deposited a sum of money to cover the client's loss if the case cannot be reopened to permit the client to persue her remedy. He attributes his problems with filing and paying sales taxes to the lack of adequate secretarial help to keep his books in order. The thrust of Crabb's presentation, however, was to again acknowledge that he is unable to manage a private law practice alone and to suggest an alternative to disbarment. Crabb and his counsel suggest what can best be termed a "unique" arrangement, whereby two very reputable Rapid City attorneys have pledged the efforts of themselves and their firms to supervise timely disposition of Crabb's present open files and to oversee Crabb's acceptance of clients in the future. Board, on the other hand, strongly recommends disbarment.

As we have acknowledged, in numerous disciplinary proceedings in the past,

the purpose of disciplinary proceedings is not to punish but to remove from the profession those attorneys whose misconduct has proved them unfit to be entrusted with duties and responsibilities belonging to the office of an attorney so that the public may be protected from further wrongdoing. Disbarment is warranted when it is clear that the protection of society requires such action or where the maintenance of respect for courts and judges or the...