In Re Duncan.

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

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-

[65 S.E. 211]

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...