State Ex Rel. Patton v. Wood

• Decision Date: 30 June 1917
• Docket Number: Nos. 2073, 2074.,s. 2073, 2074.
• Citation: 22 N.M. 632,167 P. 9
• Parties: STATE EX REL. PATTON, ATTY. GEN.,v.MARRON.STATE EX REL. PATTON, ATTY. GEN.,v.WOOD.
• Court: New Mexico Supreme Court

22 N.M. 632

167 P. 9

STATE EX REL. PATTON, ATTY. GEN.,

v.MARRON.STATE EX REL. PATTON, ATTY. GEN.,

v.WOOD.

Nos. 2073, 2074.

Supreme Court of New Mexico.

June 30, 1917.

Syllabus by the Court.

After an order of suspension by this court from practice in all of the courts of the state, it is a contempt of this court for an attorney to hold himself out as an attorney at law, by means of keeping open an office and displaying a sign or signs upon the windows and at the entrance of his said office, indicating that the same is a law office and that he is an attorney at law, and by using and sending through the mails stationery indicating that the sender is an attorney at law, and by permitting his name to be published in a telephone directory as an attorney at law, and in a city directory.

An order of suspension from practice in “all of the courts of this state” prohibits an attorney at law from practice in the probate or other inferior courts during the term of such suspension.

Original proceeding in contempt by State of New Mexico on the relation of H. L. Patton, Attorney General, against Owen N. Marron and Francis E. Wood. Respondents found guilty of contempt.

See, also, 160 Pac. 391.

Roberts, J., dissenting.

After an order of suspension by this court from practice in all of the courts of the state, it is a contempt of this court for an attorney to hold himself out as an attorney at law, by means of keeping open an office and displaying a sign or signs upon the windows and at the entrance of his said office, indicating that the same is a law office and that he is an attorney at law, and by using and sending through the mails stationery indicating that the sender is an attorney at law, and by permitting his name to be published in a telephone directory as an attorney at law, and in a city directory.

H. L. Patton, Atty. Gen., pro se.

A. B. Renehan, of Santa Fé, for defendants.

HANNA, C. J.

On September 23, 1916, this court made an order suspending each of the defendants from practice “in all the courts of this state” for a period of one year. It having come, informally, to the ears of the members of the court that such order was being violated by the respondents, the matter was referred to a committee of the bar of Bernalillo county, with instructions to investigate the respondents, which was done, and a report was duly made to the court. The report showed such a state of facts that the court deemed it proper and necessary to refer the matter to the Attorney General, with instructions to prepare and file informations as for contempt, which resulted in the present proceedings.

[1] The information, as to the said Marron, charges, in paragraph 2, among other things: That ever since said order of suspension he has maintained a law office in the city of Albuquerque, containing a law library, office furniture and fixtures, and has maintained therein one or more stenographers, and has habitually kept said office open to the public and his clients, and has, upon the windows and at the entrance to said law office, conspicuously displayed signs in words as follows: “Marron & Wood, Law Offices;” and has habitually written letters to clients and others and sent the same through the mails upon stationery at the head of which was printed the following: “Marron & Wood, Attorneys and Counselors, State National Bank Building, Albuquerque, New Mexico. Owen N. Marron--Francis E. Wood;” and has habitually mailed letters in envelopes upon which was printed a return card bearing the words, “Marron & Wood, Attorneys and Counselors.” That he caused to be inserted in the telephone directory of Albuquerque, issued and published in January, 1917, the following address and telephone number in its proper place in alphabetical arrangement: “Marron & Wood, Attys. State Nat. Bk. N.--55.” And that in January, 1917, he caused to be inserted in Worley's Albuquerque City Directory, a business directory circulated in said city for 1917, a card as follows: “Marron & Wood (O. M. Marron, F. E. Wood), Attorneys, 1-4, State National Bank Bldg., Phone 55.” Respondent answered these charges, admitting the use of the stationery as alleged, asserting that the names in the telephone directory were inserted by the telephone company without express orders and without his attention being called to the same, as was the case with the Albuquerque City Directory, and that on March 10, 1917, he caused the words indicating that his said offices were law offices to be removed from the windows and entrance of the same, not on account of the order of suspension, but on account of the act of the Legislature which went into effect on that day, and which prohibits unlicensed persons from holding themselves out as attorneys at law. Chapter 48, Laws 1917, § 4. He alleged that all of the acts with which he is charged were done without any intent to violate the order of suspension, and in the bona fide belief, after advice of counsel, that the order of suspension prohibited him from practice in this court and the district courts only, and that he was still permitted to practice law in the probate courts and justices of the peace and otherwise to the same extent as an unlicensed person.

He is charged in the fourth paragraph of the information with violating the said order of suspension in this: That on October 19, 1916, he prepared, or caused to be prepared in his said law office in Albuquerque a complaint, affidavit, and bond in attachment which were thereafter filed in the district court of Bernalillo county in an action entitled “State National Bank v. F. J. Dye,” No. 10647 on the civil docket of said court. That the name of William A. Keleher appears upon said files as attorney for the plaintiff, but that in truth and in fact the said Marron was the attorney for the plaintiff, and that said Keleher was appearing for him. Respondent answered that he was instructed by the officers and directors of the State National Bank of Albuquerque, the plaintiff in said cause, and of which he is one of the directors, to take measures to enforce the note held by the bank against the said F. J. Dye, and to have proceedings instituted to procure a writ of attachment against Dye to enforce the note and to procure an attorney to institute and conduct said proceedings on behalf of the bank, and that he turned the note over to his stenographer, and instructed her to procure the services of either Mr. George S. Klock or Mr. William A. Keleher to act for the bank, and that his stenographer reported that Mr. Klock was out of town and Mr. Keleher was engaged in court, and, haste being necessary to protect the interests of the bank, he directed his stenographer to copy a form used in an attachment suit, deliver it to Mr. Keleher, and assist him in getting up the papers for the attachment, and that his stenographer did so assist Mr. Keleher, and thereupon Mr. Keleher filed the same, and has since had entire charge, direction, and control of said action, and that he (respondent) never was directly or indirectly attorney for the plaintiff in said cause, and that said Keleher was not appearing for him, but was appearing for the plaintiff.

He is charged in the tenth paragraph of the information with having violated said order of suspension in this: That he represented one Roy McDonald as administrator of the estate of A. J. Hawley, deceased, in the probate court of Bernalillo county, N. M., with reference to the preparation of papers, pleadings, and orders, the commencement of said proceedings, the appearance in said cause on behalf of said McDonald, and advising said client upon questions of a legal nature relative to said matter. The respondent answered that during the year 1915, prior to September, 1916, he had represented the estate of A. J. Hawley, deceased, and Roy McDonald as administrator of said estate, and had performed services in the premises of the value of more than $35, and that subsequent to September, 1916, at the request of said Roy McDonald and to save expense, he assisted in the preparation of his final report as administrator, and drew certain orders in the probate court to close the account, that the estate was a small one, heavily indebted, and that the respondent made no claim for any compensation for services performed after September, 1916, and that said services were so rendered in the full and honest belief, on the part of respondent, that under the provisions of our statute he was not barred or forbidden by the order of suspension from appearing for or representing persons in the probate court.

The information contains several other specific charges, some of which are denied by the respondent and some of which are admitted with certain explanations attending the circumstances. It will not be necessary to consider these other charges and they are, therefore, not here set out.

The Attorney General filed a demurrer to each of the answers of the respondent herein before outlined upon the ground that the same failed to state facts constituting a defense to the charges above specified. This demurrer we have sustained.

The same order of suspension was made by this court on September 23d against the respondent Francis E. Wood, the said Marron and Wood being partners in the practice of the law at Albuquerque, N. M. The information as to the said Wood, in paragraph 3 thereof, makes the same allegation as is made against the respondent Marron, in regard to maintaining and keeping open a law office in the State National Bank Building in the city of Albuquerque, the displaying of signs, the use of stationery, and the sending of the same through the mail, the inserting of the names in the telephone directory and in Worley's Albuquerque City Directory. The same answer thereto is interposed by the respondent Wood as was interposed by the respondent Marron. Certain other charges are made against the respondent Wood, to the effect that he drew a mortgage and charged...