People ex rel. Chicago Bar Ass'n v. Motorists' Ass'n of Illinois

• Decision Date: 08 February 1934
• Docket Number: No. 21876.,21876.
• Citation: 188 N.E. 827,354 Ill. 595
• Parties: PEOPLE ex rel. CHICAGO BAR ASS'N v. MOTORISTS' ASS'N OF ILLINOIS.
• Court: Illinois Supreme Court

354 Ill. 595

188 N.E. 827

PEOPLE ex rel. CHICAGO BAR ASS'N

v.MOTORISTS' ASS'N OF ILLINOIS.

No. 21876.

Supreme Court of Illinois.

Dec. 22, 1933.

Rehearing Denied Feb. 8, 1934.

Original proceeding by information in the name of the People, on the relation of the Chicago Bar Association, seeking to have the Motorists' Association of Illinois, a corporation, punished for contempt for engaging in the practice of law and to enjoin it from continuing in such practice.

Respondent found guilty of contempt and directed to pay fine and costs in accordance with opinion.

John L. Fogle, of Chicago (Charles Leviton, of Chicago, of counsel), for relator.

Henry A. Blair, of Chicago, for respondent.

ORR, Chief Justice.

This is an original proceeding in this court by information in the name of the people, on relation of the Chicago Bar Association and its grievance committee, against the Motorists' Association of Illinois, a corporation organized under the laws of this state as not for pecuniary profit. Relator seeks to have respondent punished for contempt of this court for practicing law without a license and to enjoin it from continuing in such practice. Leave to file the information was granted, and it was filed at the Februaryterm, 1933. An answer was filed by respondent at the April term. Relator thereupon moved to make the rule absolute on the answer, to assess a penalty against respondent, and to enjoin it from engaging in the practice of the law. It was thereupon ordered that the motion be treated as a demurrer to the answer, and the parties were directed to file briefs. A brief has been filed by relator, but respondent filed none.

The facts alleged in the petition, and either expressly or impliedly admitted by the answer, so far as material, are as follows: Respondent was incorporated on December 16, 1925, as an Illinois corporation ‘not for pecuniary profit.’ Its certificate of incorporation provides: ‘The object for which it is formed is to operate a non-profit civic association for the benefit of its members; to establish and maintain a touring bureau and bureaus of information on other matters of interest to motorists; to provide varied and general services to its members; to promote the best interests of motorists; to use all lawful means to secure legislation in the interests of motorists and to establish and maintain a club house and branches for the benefit of its members and to do all other things which may lawfully be of benefit to its members.’ For a number of years respondent has been engaged in operating a motor club, and its business has covered a large portion of this state. It has approximately fifty thousand so-called members or persons to whom it furnishes automobile insurance and other services. The character and extent of the services so furnished or rendered by respondent are disclosed and admitted, but it denies that it has engaged in the practice of law. Advertising and other written or printed material, such as a monthly pamphlet entitled the Illinois Motorist, used for the purpose of soliciting business, copies of which are attached to the information, disclose the following:

Respondent maintained a ‘legal’ department, and advised its members that ‘For quick action in telephoning, the heads of the different departments are listed below: * * * Legal-Henry A. Blair, Mich. 2600.’ The same circular or prospectus contained the following statement: ‘Do it now. We will do the rest. We will explain about the legal service, * * * as well as many other services which each member receives free of any charge whatever.’ The same pamphlet contains a heading in large, bold-face type: ‘How our legal service has helped our members.’ Opposite this heading is a pictorial representation of an English judge on the bench, with wig, robe, and gavel. Below this is a photograph of Henry A. Blair, attorney for respondent, together with a further heading in large, black-face type: ‘Henry A. Blair, chief of our legal staff of experts who handle automobile cases exclusively-thousands of them-for our members only, without charge for all necessary legal service.’ On the same page are copied ten testimonial letters from members addressed to Blair, indicating their satisfaction with the manner in which he or some other member of the legal department of the club had handled their claims for collection of damages in amounts ranging from $27 to $95. Another page of the same pamphlet is headed, ‘Plain language to automobile insurance questions.’ It contains questions and answers on various legal matters relating to liability for damages in automobile cases, the statute of limitations, etc.

The foregoing all appeared in the June issue of the Illinois Motorist. The July issue of that pamphlet contained advertising matter similar to that of the June issue, including the representation of the English judge, the photograph of Blair, similar headings, and also copies of additional testimonial letters.

An application form used by respondent in soliciting...