In re Gill

• Citation: 104 Wash. 160,176 P. 11
• Decision Date: 19 November 1918
• Docket Number: 23.
• Court: United States State Supreme Court of Washington
• Parties: In re GILL et al.

176 P. 11

104 Wash. 160

In re GILL et al.

No. 23.

Supreme Court of Washington, En Banc.

November 19, 1918

On Report from State Board of Law Examiners.

Disbarment proceedings against Hiram C. Gill, Heber B. Hoyt, and Hermon S. Frye. Heard in the Supreme Court on report from the Board of Law Examiners and the findings made by it. Accused reprimanded.

W. V Tanner, of Olympia, and Thos. Murphine, of Seattle, opposed.

PARKER J.

This cause is a consolidation of three separate proceedings, which were by stipulation consolidated and heard together before the State Board of Law Examiners, and is now in this court for final disposition upon the report of the evidence produced before that board and the findings made by it. The findings are against each of the accused.

The proceedings were had before the board in pursuance of chapter 115, Laws of 1917. Our recent decision in Re Bruen, 172 P. 1152, interpreting that law in the light of the Constitution and the inherent power of this court relating to the disbarment and disciplining of attorneys as officers of the courts, makes it our duty to dispose of the cause upon the evidence produced before the board and reported to us and also upon the findings of the board, except in so far as we may conclude that the latter are not supported by the evidence.

The accused are each duly admitted to practice law in the courts of this state and have been engaged in the practice of law as copartners in Seattle for some 18 years past. It is alleged that they have been guilty of unprofessional conduct, in that they solicited business, or rather caused another to solicit business for them, through entering into the following contract:

'This agreement, made and entered into this 19th day of June, 1917, by and between the Merchants' Protective Corporation, organized and existing under the laws of the state of Indiana, and authorized to do business in the state of Washington, the party of the first part, and Gill, Hoyt &amp Frye, attorneys at law, of Seattle, Washington, the parties of the second part, witnesseth:

'That both parties hereunto are mutually desirous of entering into an agreement whereby said second parties are to represent the first party as its attorney with clients in office advice and consultations free, free representation as defendants in police and justice of the peace courts only.

'Now, therefore, for and in consideration of the mutual agreements herein contained, it is mutually agreed by and between the parties hereto that the second parties shall act as attorneys for members holding paid membership certificates in the company of the first part in matters covered as above and by said membership certificate, and shall receive therefor in advance from the party of the first part the sum of one ($1) dollar per client for new clients and the sum of two ($2) dollars in renewed members per year, for which they shall furnish consultation and advice, legal and otherwise, at their office, and defend members in police court and the justice court in accordance with the membership certificate marked Exhibit A.

'It is further mutually agreed that said parties of the second part shall look after collections for said members on the basis of 10 per cent. unless otherwise agreed upon, except when suit is brought.

'It is further agreed that said second parties are not to render any services without compensation from members of said corporation, except as herein stated and in the membership certificate attached hereto and marked Exhibit A.

'It is further agreed that at all times during the existence of this agreement the second party will forward all legal papers and collections whenever possible to do so to associated offices of the first part.

'The parties hereto further agree that this contract shall continue for a period of time covered by the various subscription membership certificates from which the second parties receive a fee with privilege of renewal.

'In witness whereof, the parties hereto have hereunto set their hands and seals the day and year first above written. Executed in duplicate. [Signed] The Merchants' Protective Association, by Sam Cohen. [Signed] Gill, Hoyt & Frye, Attorneys at Law.

'Exhibit A.

'The Merchants' Protective Corporation.

'(Incorporated 1913.)

'Membership Certificate.

'This is to certify that _____ is admitted to membership in the above corporation, and is entitled to legal advice and consultation on all personal business or private matters, without charge at the office of the attorneys retained by and at the expense of the above corporation, for the period of one year from the date hereof.

'Members are defended in all civil or criminal actions brought against them, at any time,

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