Campbell v. Third District Committee of the Virginia State Bar

18 S.E.2d 883, 179 Va. 244, 1942 Va. LEXIS 216
CourtSupreme Court of Virginia
DecidedMarch 2, 1942
DocketRecord No. 2479
StatusPublished
Cited by13 cases

This text of 18 S.E.2d 883 (Campbell v. Third District Committee of the Virginia State Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Third District Committee of the Virginia State Bar, 18 S.E.2d 883, 179 Va. 244, 1942 Va. LEXIS 216 (Va. 1942).

Opinions

Campbell, C. J.,

delivered the opinion of the court.

This appeal brings under review a judgment rendered against T. O. Campbell, an attorney at law, by a three-judge tribunal acting under the provisions of section 3424 of the Code of Virginia.

On the 16th day of December, 1940, the Third District Committee of the Virginia State Bar, duly constituted under “The Rules for Integration of the Virginia State Bar,” filed its petition verified by affidavit in the lower court, charging that T. O. Campbell, a licensed attorney at law, had been guilty of unlawful, dishonest, unworthy, corrupt and unprofessional conduct. The charges in the complaint were:

“1. That the appellant had Naomi M. Pagels, of Trenton, New Jersey, acting as a solicitor of legal business for him and divided fees with her, she not being a lawyer.
“2. That the appellant colluded with Naomi Pagels to represent non-residents of Virginia, obtaining invalid divorces for such non-residents in Hustings Court, Part II, of the [248]*248City of Richmond, Virginia, and with such non-residents, to perpetrate a fraud on said court.
“3. That the appellant acted as counsel for one William M. Campbell, of Trenton, New Jersey, in obtaining a divorce for said Wm. M. Campbell in Hustings Court, Part II, of the City of Richmond, Virginia, when the appellant knew, or should have known, that said William M. Campbell was a non-resident of the State of Virginia, and thus perpetrated a fraud on said court. The said suit was filed September 20, 1938.
“4. That the appellant acted as counsel for one Hazel Dixon, of Trenton, New Jersey, in obtaining a divorce in Hustings Court, Part II, of the City of Richmond, Virginia, when it plainly appeared to the appellant that she was not a bona fide resident of Virginia, in fraud of said court. The said suit was filed November 8, 1938.
“5. That the appellant acted as attorney for one Myrtice Sprinkle in 1930 in obtaining a divorce from her non-resident husband in said Hustings Court, Part II, Richmond, Va.; that he thereafter married Myrtice Sprinkle and lived with her until sometime during the year 1939; and that on August 19, 1939, the appellant filed a petition in the Circuit Court of the City of Richmond praying for the annulment of his said marriage on the ground that the divorce in which he had represented the said Myrtice Sprinkle as counsel was illegal, null and void, because the depositions taken therein were taken in contravention of statute, that is, thirty-nine days after the entry of the order of publication therein; that is, that he relied upon his own neglect as her former attorney to annul his subsequent marriage to the said Myrtice Sprinkle.
“6. That the appellant, at his hearing before said Committee, on October 20, 1939, voluntarily stated under oath that he had lived in adultery with Myrtice Sprinlde in the year 1929 and prior to his supposed marriage to her; that is to say, while he was representing her as her attorney before the said Hustings Court, Part II, in obtaining a divorce therein from her non-resident husband.”

Defendant filed his answer denying each and every allegation set forth in the petition.

[249]*249After hearing evidence, the court found the defendant guilty upon only two of the charges alleged in the petition; to-wit, the charge of fraud in the conduct of the William Campbell case and the charge of fraud in the conduct of the Myrtice Sprinkle case. The judgment of the court was that the license of the defendant to practice law be suspended for a period of ten years. This action of the court, for the reasons hereafter set forth, is assigned as error.

The proceeding brought by the District Committee was not brought for the purpose of inflicting punishment upon the defendant in case of his conviction but for the purpose of carrying into effect the injunction of a lawyer’s oath of office that he will honestly demean himself in the practice of his profession. The right to practice law is not an inherent right, and even before a man or woman is granted a license it must appear that he or she is a person of high moral character. Since a lawyer must possess high moral character before he or she can obtain a license to practice law, so he or she must maintain a high moral character after obtaining a license, or else forfeit the privilege which has been bestowed by the State as a matter of grace. Though one may possess intellect, wealth and social standing, one should not be granted a license to practice law nor be permitted to exercise the privilege after obtaining a license, if lacking in character. As said by Mr. Justice Holt in Norfolk, etc., Bar Ass'n v. Drewry, 161 Va. 833, 172 S. E. 282: “It is want of character which is important.” The good character of a lawyer may be likened unto the virtue of a woman. It is his chief jewel and when he loses it, he becomes a moral bankrupt. If he loses it by reason of his own misconduct, he has no right to complain of the punishment inflicted upon him.

This proceeding is not a criminal proceeding but a proceeding merely civil in its nature. It is not necessary, in order to justify the action of the court in finding the defendant guilty, to prove his guilt beyond a reasonable doubt.

We shall now enter upon a discussion of the assignments of error in the order made.

“The refusal to strike all specifications save that of solicitation.”

[250]*250This motion to strike is predicated upon the ground that section 3424 of the Code is unconstitutional in that it attempts to delegate legislative powers to the special court from whose judgment this appeal was taken. The contention is untenable. It is evident from the provisions of section 3424 of the Code that, by its enactment, the legislature merely intended to create a new tribunal with general jurisdiction: to hear and determine disbarment proceedings, and did not intend to delegate to the tribunal any legislative powers. It is further contended that if the statute be held constitutional, it should be held to be invalid, for the reason that it is too vague and uncertain in its terms. In other words, it is argued that the statute should define the terms “malpractice,” “unlawful,” “dishonest,” “unworthy,” “corrupt” and “unprofessional.”

In Richmond Ass’n v. Bar Ass’n, 167 Va. 327, 189 S. E. 153, it was contended that section 3422 of the Virginia Code prohibiting the practice of law by an unlicensed person was invalid because there was no legislative definition of the “practice of law” in the statute. This contention was rejected. Speaking for the court, Mr. Justice Eggleston said:

“It is, therefore, of no moment in the present discussion that Code, section 3422 (as amended by Acts 1922, chapter 389, section 1), which prohibits the practice of law by an unlicensed person, does not define ‘the practice of law.’
“The precise argument advanced here—that the courts have no power to reach the unauthorized practice of law in the absence of a legislative definition of the term—was rejected in Depew v. Wichita Ass’n of Credit Men, 142 Kan. 403, 49 P. (2d) 1041, 1043.

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Bluebook (online)
18 S.E.2d 883, 179 Va. 244, 1942 Va. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-third-district-committee-of-the-virginia-state-bar-va-1942.