Yablunky, In re

• Decision Date: 21 September 1950
• Docket Number: No. 31256,31256
• Citation: 94 N.E.2d 841,407 Ill. 111
• Parties: In re YABLUNKY et al.
• Court: Illinois Supreme Court

Page 841

94 N.E.2d 841

407 Ill. 111

In re YABLUNKY et al.

No. 31256.

Supreme Court of Illinois.

Sept. 21, 1950.

As Modified on Denial of Rehearing Nov. 17, 1950.

Charles Leviton, of Chicago, amicus curiae.

Yale & Yale, of Chicago (Bernard Yale, of Chicago of counsel) for respondents.

WILSON, Jusice.

The board of managers and the committee on grievances of the Chicago Bar Association, as commissioners of this court, have filed a report and a supplemental report finding that the respondents, Mandel Yablunky, otherwise known as Mandel Yale, admitted to the bar on February 16, 1922, and Ben Yale, otherwise known as Bernard Yale, admitted to the bar on June 14, 1928, were guilty of unprofessional conduct as attorneys and counselors at law and recommending that they be disbarred. Additional hearings resulting in the supplemental report were necessitated by the fact that, in the complaint and throughout the original hearings, respondents were designated only as Mandel Yale and Bernard Yale, both by themselves and by all other participants in the proceedings, and it was not until after the original report had been transmitted to the clerk of this court that it was discovered that no persons having these names were listed on the roll of attorneys. Thereafter, further hearings were held for the purpose of determining the true identity of respondents. After finding that respondents were licensed as attorneys under the names of Mandel Yablunky and Ben Yale, the commissioners ordered the record and the original report amended accordingly. This finding was incorporated in the supplemental report and, in addition, the commissioners also found that respondents, by engaging in incredible and unparalleled dilatory tactics, technical objections and unfounded contentions, made deliberately and in bad faith, in this disbarment proceeding, have aggravated their original wrongful conduct and indicated beyond doubt that they are unworthy to remain on the roll of attorneys. Respondents filed objections to the original report and challenge the validity of the supplemental proceedings.

The complaint against respondents, filed July 16, 1948, was initiated by the bar association's committee on inquiry, and was, in turn, based upon a complaint made to the committee by Henry Miles. Complainant alleged, in substance, that respondents practiced law under the firm name of Yale & Yale; that, in 1937, Miles engaged respondents to purchase a certain vacant lot in Chicago for him $500, including attorney's fees; that Miles paid respondents $500, as agreed; that respondents falsely represented to Miles that they had procured a deed conveying the property to him and promised to have the deed recorded; that Miles subsequently improved the property and leased it, and that, in 1947, Miles was dispossessed by the true owner of the property and subjected to a criminal investigation upon the complaint of his lessee.

Notice of the filing of the complaint, a copy of the complaint and a copy of the rules of procedure adopted by the commissioners, pursuant to Rule 59, were served upon each of the respondents on July 29 and 30, 1948. In the notice accompanying the complaint, respondents were advised immediately to select counsel to represent them or to apply for the appointment of counsel, as was their right under the commissioners' rules of procedure. Under Rule 4, respondents had fifteen days within which to file an answer, the rule further providing that, in the event of the failure or refusal to file an answer, the commissioners may proceed with a hearing on the issues made by the complaint, which shall be considered as if traversed by a general denial.

Respondents entered their appearances pro sese on August 3, 1948. In their joint answer filed August 13, 1948, respondents averred they had a good defense which they could not interpose because the commissioners were prejudiced against them by reason of a pending disbarment proceeding brought against Mandel Yale in 1947. The remainder of the answer was devoted to a recital of the history and current status of the other disbarment proceeding. Thereafter, the present proceeding was set for hearing on September 15, 1948. On motions by the respondents, the hearing was reset to September 29, and then to November 10, in order to provide them additional time to prepare their defense. On November 4, respondents sought a third continuance. This motion was denied and, on November 9, their motion for leave to withdraw their answer and to file an amended answer within a time to be set was also denied, but without prejudice to the filing of amendments to the answer or an amended answer.

On November 10, respondents appeared in person and by Leo H. Arnstein, an attorney. It appearing that Arnstein had come into the case only four hours before the hearing, the commissioners granted respondents' motions to continue the matter until November 17 and for leave to file an amended answer within five days. On November 13, respondents appeared pro sese, not by their attorney, and moved for an extension of time for filing an amended answer and for a continuance of the hearing set for November 17. These motions were denied. On November 17, Arnstein reported that, because of respondents' directions to him to ask for another continuance, he refused to represent them and announced that he had been duped into obtaining the continuance granted on November 10. Arnstein was thereupon granted leave to withdraw as counsel. At the same time, respondents moved for a continuance to enable them to engage new counsel and also renewed their motion for an extension of time for filing their amended answer, then two days overdue. These motions were denied and, over the objections of respondents that no issue had been made by the pladings, the commissioners proceeded to a hearing on the merits.

The evidence for the complainant, consisting of the testimony of Miles and Samuel S. Brown, an attorney, and certain exhibits, established the following facts: Respondents, known individually as Mandel Yale and Bernard Yale, are brothers and have for many years practiced law in Chicago under the firm name and style of Yale & Yale. In 1935, Miles, a client of long standing, first discussed with respondents the possibility of purchasing a vacant lot, commonly known as 4049 Prairie Avenue, Chicago, from the receiver of the Chicago Bank of Commerce, the owner of the property. Early in June, 1937, respondents informed Miles that the property could be acquired for $500, including the cost of a title guaranty policy and attorneys' fees and, on June 12, 1937, Miles entered into a written contract with respondents authorizing and directing them to buy the lot for him, and agreeing to pay them $500, in monthly installments of $50 each. Mandel Yale signed the contract for the firm. Miles completed his payments on March 2, 1938, and, shortly thereafter, Mandel Yale called upon him and tendered a deed. Miles asked if the instrument had been recorded and, upon receiving a negative reply, told Mandel Yale to keep the deed and paid him $10 to have it recorded.

About the same time, Miles expended $7000 in improving the property with a hall and, later, converted the structure into a storehouse. In November, 1946, he leased the property to W. S. Grady for a term of twenty years, the lease including an option to purchase. About November 1, 1947, Miles received a letter from William H. Terrel, stating he was the owner of the property and demanding an accounting of rents collected. A letter from the State's Attorney's office, dated November 19, 1947, informed Miles that Grandy had filed a complaint against him and asked him to appear in connection therewith on December 15, 1947. After receiving these letters, Miles communicated with respondents almost daily. At first they told him they were searching for his deed. Afterwards, they told him to ignore the matter and that they would have his deed for him prior to the scheduled meeting at the office of the State's Attorney.

Miles then retained Samuel S. Brown to represent him. Brown found no record of any deed to Miles and ascertained that title to the lot had remained in the Chicago Bank of Commerce until October, 1947, when the property was conveyed to Terrel. At the hearing at the State's Attorney's office, Brown exhibited Miles's contract with Yale & Yale and the receipts for his payment of the purchase price, whereupon the complaint against Miles was dismissed. Prior to the meeting, Bernard Yale, who was also present, offered to pay Miles $585, the amount claimed by Grady, in full settlement of any claims Miles might have against his firm. This offer was refused. Other settlement negotiations initiated during the course of the hearing were broken off about two and one-half months later when, after two extensions of time, respondents still refused to agree to anything and wanted...