In re Pierce
| Citation | 189 Wis. 441,207 N.W. 966 |
| Parties | IN RE PIERCE. |
| Decision Date | 02 April 1926 |
| Court | Wisconsin Supreme Court |
In the matter of the certificate of the Supreme Court admitting Glenn V. Pierce to the bar. Original application to cancel and revoke the certificate. Certificate revoked and name stricken from attorney's roll.
Original application to this court to cancel and revoke the certificate of November 12, 1924, admitting Glenn V. Pierce to the practice of law. Certificate revoked, and his name stricken from the roll of attorneys.
In October, 1924, Glenn V. Pierce, a resident of Buffalo county, this state, made oral application to this court for admission to the bar. He then and thereafter presented certificates, one from a presiding judge of the Fourth judicial district of the state of Minnesota, given at Minneapolis, and others of attorneys at law in said state, purporting to certify that said Pierce had for 5 years and more, during the 8 years preceding such application, been engaged in the actual practice of law in the state of Minnesota. Thereupon, and on November 12, 1924, on motion before this court he was admitted, signed the roll of attorneys, and a certificate was issued to him.
Thereafter a petition was filed here by members of the bar of said Buffalo county requesting this court to inquire into the facts, and, if found to be as alleged in such petition, to cancel such certificate on the ground, among other things, that said Pierce had not been so engaged in actual practice in the state of Minnesota as required by the statute.
After hearings before this court upon said petition, an order to show cause to, and appearance by said Pierce, the matter was referred to the Honorable James Wickham of the Nineteenth judicial circuit to hear the testimony and report his findings as to the facts.
After hearing, said referee reported and filed here his findings, to which no exceptions were filed, and from the record and said findings the following appears:
Glenn V. Pierce on June 14, 1915, then 22 years of age, was duly admitted to practice as attorney and counselor at law in all the courts of the state of Minnesota by the Supreme Court thereof, and that since such time his name has continued on its roll of attorneys, and he has not been suspended or disbarred, nor placed under disability to practice in the courts of Minnesota. That after such admission he engaged in the practice of law in the city of Minneapolis, sharing an office with one Axel A. Eberhart, an attorney, had some office furniture of his own, and his name as attorney on the door, sharing with said Eberhart a portion of the office expenses, and that such arrangement continued until June, 1917.
June 9, 1917, he registered for the army draft, and on July 28th enlisted at Chicago in the army service, all as from Wisconsin. Prior to such enlistment he removed his office furniture and belongings from Minneapolis to Mondovi, in said Buffalo county. Eberhart then sublet to another the portion of the office theretofore occupied by the said Pierce, but Pierce's name remained on the door until some time in 1922, and he was apparently charged with some amount on account with Eberhart. He then turned over for further attention to said Eberhart and other attorneys certain matters and about eleven lawsuits he had then pending in Minnesota, copies of records in nine of which were produced. From some of such he subsequently received some compensation.
August 1, 1917, he applied for and obtained a license in, and to marry a resident of, Hennepin county, Minn., the application reciting that he was a resident of Buffalo county, Wis., his present and former home. He was in active service in the army of the United States and in France until his discharge therefrom April 15, 1919. Subsequent to such discharge he spent four to five months in visiting in Minnesota and in Montana. In November, 1919, he made application to the state of Minnesota for war service bonus of $16 per month, stating in such application that he had not returned to his former business.
From January, 1920, on he continues his actual residence at Mondovi, applies for and obtains a certificate and renewal thereof as notary public as and for Buffalo county, votes at primary and general elections as a resident voter of said county, is a candidate for mayor and is elected county treasurer of said county in November, 1922, and serves two years as such at an annual salary of $1,000. Early in 1920 he is appointed cashier of a bank at said Mondovi and also as secretary or officer of a farm loan association, receiving as compensation for the services in such capacities about $4,500 per year from then on--these positions occupying the substantial part of his time.
Following his election as county treasurer, he filed written application with a surety company for a bond as such county treasurer, and, in answer to a question therein contained: He answered: --and gave as the probable net income from such employment $4,500 per annum, but made no mention of any law practice or possible receipts from such.
In November, 1921, he made arrangements for the use of a desk in the office of a large law firm in the city of Minneapolis, and used the same from time to time thereafter on his visits at regular intervals to said city, and made an arrangement whereby he was to share in the proceeds from any law business that he might obtain and turn over to said firm.
Pierce compiled from the bank books, in which was kept an attorney and a personal account, a list of amounts received by him, stated to be for legal services for the years 1920-1924, but was unable to specify the person from whom, or the matter in connection with which, such amounts were received, except as hereinafter mentioned. Such tabulation is recited in the statement following for the several years. He kept no set of books for his law business. His testimony as to his claim of legal practice and receipts therefrom in the state of Minnesota during the five years in question shows as follows:
1919.
He tried no cases and had none on the court calendar. He received the following:
+--------------------------------------------------------------+
¦From the Rednes Case, disposed of by another attorney ¦$ 50 00¦
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¦For obtaining a renewal note for one outlawed ¦50 00 ¦
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¦In a settlement of one of the prior lawsuits ¦25 00 ¦
+------------------------------------------------------+-------¦
¦For consultation in another lawsuit he was paid $10 or¦15 00 ¦
+------------------------------------------------------+-------¦
¦Total ¦$140 00¦
+--------------------------------------------------------------+
He had consultations with persons interested in five other matters, but accounts for no specific amounts, if any, paid, or any substantial amount of work done.
He also took up and settled at Minneapolis the claim of a resident of Buffalo county against the Railroad Administration of $90. He stated his earnings as approximately $300. And his bank account was as follows: Deposits in 1920 of thirteen items, including as larger items:
He tried no cases, had none on the court calendar, and did no probate work. In November he closed his office with Eberhart and all relationship with him as partner or associate. He accounts for no cash received for any specific matters during this year, and had consultations with two persons interested in prior matters and with one person concerning certain mortgages which, with others, were subsequently turned over in October, 1924, to the firm of attorneys in Minneapolis. His bank account for 1921 showed nine items; the larger ones being:
No cases tried, none on the court calendar, and no probate work. He settled one prior matter for $100, was paid $25. He drew two wills for Mr. and Mrs. Pace in...
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State v. Cannon
...of State Board of Law Examiners, 175 Wis. 66, 184 N. W. 379;In re Richter, 187 Wis. 490, 204 N. W. 492, 41 A. L. R. 485;In re Pierce, 189 Wis. 441, 207 N. W. 966;State ex rel. Board of Law Examiners v. Podell, 189 Wis. 457, 207 N. W. 709;In re Stolen, 193 Wis. 602, 214 N. W. 379, 216 N. W. ......
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Susan Bysiewicz v. Dinardo
...of active, open and notorious engagement in a business, vocation, or profession" [internal quotation marks omitted] ); In re Pierce, 189 Wis. 441, 452, 207 N.W. 966 (1926) (as used in rule governing admission to bar, " 'actual practice' requires, and must command, a substantial portion of t......
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Bysiewicz v. Dinardo
...of active, open and notorious engagement in a business, vocation, or profession'' [internal quotation marks omitted]); In re Pierce, 189 Wis. 441, 452, 207 N.W. 966 (1926) (as used in rule governing admission to bar, '' 'actual practice' requires, and must command, a substantial portion of ......
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Smith, In re
...Johnson v. Di Giovanni, 347 Mich. 118, 78 N.W.2d 560 (1956); Freeling v. Tucker, 49 Idaho 475, 289 P. 85 (1930); In re Pierce, 189 Wis. 441, 207 N.W. 966 (1926). It is a custom at least as old as 1735 when Andrew Hamilton, a Philadelphia lawyer, gained special permission to appear in the Ne......