In Re Duncan.

• Citation: 83 S.C. 186,65 S.E. 210
• Parties: In re DUNCAN.
• Decision Date: 17 July 1909
• Court: United States State Supreme Court of South Carolina

65 S.E. 210

(83 S.C. 186)

In re DUNCAN.

Supreme Court of South Carolina.

July 17, 1909.

1. Attorney and Client (§ 56^*) — Disbarment—"Practice op Law.

The "practice of law" is not limited to the conduct of cases in court, but includes persons acting professionally in legal formalities, negotiations, or proceedings by the authority of their client, and one who was prohibited from acting as attorney by a judgment of disbarment practiced law in violation thereof by contracting, for a fee, to obtain the release of a person who had been sentenced to the workhouse and was serving sentence, and endeavoring to induce the magistrate to discharge the prisoner upon payment of a fine, though the same services might have been rendered by one not a lawyer.

[Ed. Note.—For other cases, see Attorney and Client, Dec. Dig. § 56.*

For other definitions, see Words and Phrases, vol. 6, p. 5488.]

2. Attorney and Client (§ 58*)—Disbarment—Disobedience of Order — Punishment—Extenuating Circumstances.

Though a disbarred attorney was guilty of contempt by practicing law after he was disbarred, his disclaimer of any intention to disobey the order of disbarment in engaging his services will be considered in fixing his punishment.

[Ed. Note.—For other cases, see Attorney and Client, Dec. Dig. § 58.*]

In the matter of contempt proceedings against John T. Duncan for practicing law in violation of a disbarment order. Judgment finding defendant in contempt, and imposing punishment as stated.

J. Fraser Lyon, Atty. Gen., for the State.

John T. Duncan, pro se.

WOODS, J. In a proceeding instituted against John T. Duncan, this court, on the 11th day of September, 1908, rendered the following judgment: "That said John T. Duncan be, and he is hereby, ordered to be stricken from the roll of attorneys of this state, and that he appear before the clerk of this court and render up unto him his certificate of admission to practice law in this state for cancellation by said clerk, and that he, the said John T. Duncan, from henceforth and forevermore, be disbarred and not be heard as an attorney or counselor at law, nor otherwise act as lawyer in the state of South Carolina, nor in any other state, bas-ing his claim upon the same certificate hereby ordered to be canceled and forfeited; and let the decretal portion of this opinion be forthwith served on said John T. Duncan." 81 S. C. 303, 62 S. E. 406. On 20th day of April, 1909, Hon. J. Fraser Lyon, Attorney General, filed an information in this court, alleging: "That immediately after the passage of said order, it was duly and legally served upon the said John T. Duncan. That thereafter, to wit, about the middle of February, 1909, the said John T. Duncan did counsel and act as attorney for Nita Saunders, that he advised her as to the legal rights of her husband, Jim Saunders, who was at that time serving a sentence upon the county chain gang for Richland county, and that he contracted with the said Nita Saunders to give her his professional services as an attorney to obtain the release of her husband, Jim Saunders, from the county chain gang. That the said John T. Duncan agreed to obtain the release of the said Jim Saunders from the chain gang for the sum of $15, $5 of which was then and there paid to the said John T. Duncan by Nita Saunders, and the balance of $10, as agreed upon, was secured by a mortgage of certain personal property of the said Nita Saunders. That the above statements are made upon information obtained from two affidavits hereto attached, and are presented to this honorable court for such disposition as to it may seem just and proper." These allegations were based upon affidavits of Nita Saunders and Jesse Montgomery, which were filed with the information. On these papers the court made an order, requiring John T. Duncan to show cause why he should not be attached for contempt of the order of disbarment. On that day John T. Duncan appeared in person, and presented his sworn return, denying that he had violated the order of the court by practicing law, and giving a detailed narrative of his...