People ex rel. Committee on Grievances of Colorado Bar Ass'n v. Denver Clearing House Banks Performing Trust Functions, 13583.
| Decision Date | 29 June 1936 |
| Docket Number | 13583. |
| Citation | 99 Colo. 50,59 P.2d 468 |
| Parties | PEOPLE ex rel. COMMITTEE ON GRIEVANCES OF COLORADO BAR ASS'N v. DENVER CLEARING HOUSE BANKS PERFORMING TRUST FUNCTIONS. |
| Court | Colorado Supreme Court |
Original proceeding in contempt by the People, on the relation of the Committee on Grievances of the Colorado Bar Association against the Denver Clearing House Banks Performing Trust Functions, being the Colorado National Bank, the International Trust Company, the Denver National Bank, the United States National Bank, and the American National Bank and the trust officers of said corporations.
Judgment for complainants.
Max Melville, of Denver, for complainants.
Henry McAllister, of Denver, for respondents.
Complainants are hereinafter referred to as the committee, and respondents as the banks, or as the Colorado, the International, the Denver, the United States, and the American, respectively. The committee says the banks are practicing law and the banks deny the charge.
Originally one Walker charged the Colorado and its trust officer that through said officer, but as the corporation, it drafted a will, probated it, and administered trust estate thereby it and administered plaint was referred to the committee with directions to 'give the matters therein set forth through and careful consideration and report fully its findings in the premises.' 'Matters,' said the court, 'is intended to cover the entire subject, irrespective of how limited the issues in the particular case might be.' The Colorado denied receiving compensation for drafting the questioned will, otherwise it admitted. The committee sent questionnaires to the banks and these were answered. A hearing Before the committee followed at which the banks were represented by counsel. The matter was submitted on printed briefs, which, on request of counsel and by our order, later became the briefs now Before us. The committee presented its majority report, and one of its members what may be termed a specially concurring report. We ordered these filed and authorized the committee to prosecute the charges Before this court in its own name with Mr. Melville as its counsel. Oral argument followed and the cause was finally submitted.
It will be observed that we thus have Before us an agreed case in which the banks, save the Colorado, voluntarily appeared.
At the time this matter was referred to the committee it was contemplated that it might be necessary or advisable, if it proceeded to final hearing Before us, either to hand down an opinion which would cover a very broad field, or adopt a rule which would serve the same purpose. Various considerations have, however, obviated that necessity. Among these may be noted that it is alleged herein and not denied that the banks have administered no estates since September 1, 1929, without the services of an attorney outside their organizations. It also appears, as a matter of common knowledge in banking and legal circles, hence noticeable judicially in a proceeding such as this, that the banks and the Denver Bar Association have entered into an amicable agreement as to the respective fields of lawyers and trust companies. While such an agreement is in no respect binding upon the courts, nor conclusive as to what is or is not 'practicing law,' it raises the strongest presumption that in general no present cause of complaint against the banks with respect to minor and collateral matters now exists. Two points, however, are presented the adjudication of which seems indispensable to a final disposition of this proceeding. The committee reports, and we think the evidence Before it supports the conclusion, that the banks as a practice (1) have drafted wills wherein they were named as ex...
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