In Re Application of Hunt

230 A.2d 432, 155 Conn. 186, 1967 Conn. LEXIS 536
CourtSupreme Court of Connecticut
DecidedMay 31, 1967
StatusPublished

This text of 230 A.2d 432 (In Re Application of Hunt) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Application of Hunt, 230 A.2d 432, 155 Conn. 186, 1967 Conn. LEXIS 536 (Colo. 1967).

Opinion

King, C. J.

The applicant, Eugene E. Hunt, was admitted to the practice of law in Maryland in 1951 and thereafter, until 1960, was employed, in that state, by the Baltimore and Ohio Bailroad as assistant general solicitor. In 1960, Hunt came to Connecticut, where he has since lived, and intends to continue to live, and has ever since been employed by the New York, New Haven and Hartford Bail-road, a Connecticut corporation hereinafter referred to as the New Haven, in its law department with the title of commerce counsel. During the period of his employment by the New Haven and prior to his temporary admission to the Connecticut bar, Hunt abstained from practice in the state courts of Connecticut but did appear on behalf of the New Haven before United States courts and before the Interstate Commerce Commission. The appellant, the Standing Committee on Beeommendations for Admission (to the bar) for New Haven County, makes no claim that these appearances were unauthorized or illegal.

On October 8, 1963, Hunt applied for admission, on motion and without examination, to practice law in Connecticut, stating in his application that his reason for desiring to be admitted to the Connecticut bar “is to represent The New York, New Haven and Hartford Bailroad Company and other clients as counsel in state and federal courts”.

Under the provisions of what is now § 14 of the Practice Book, upon the appellant’s recommendation, the court issued Hunt a temporary license good for one year commencing September 18, 1964. It seems to be agreed that Hunt met all the require *189 ments for the issuance of a temporary license and that it was properly issued to him.

On July 19, 1965, pursuant to § 15 of the Practice Book, Hunt filed a motion that this temporary license he made permanent. The appellant held a hearing on this motion on September 20, 1965, to determine whether Hunt qualified under § 15 for the granting of his motion for permanent admission to the Connecticut bar. Finally, in early 1966, the appellant filed its report to the Superior Court, finding that Hunt was in all respects qualified for permanent admission to the Connecticut bar without examination except that (1) during the period of his temporary license, he had not devoted the major portion of his time spent in the practice of law to practice in Connecticut, and (2) he did not intend to continue to practice in Connecticut within the requirements for the granting of a permanent license under § 15 of the Practice Book. Thereafter, upon a hearing held on the motion to make the temporary license permanent, the Superior Court, on April 14, 1966, granted Hunt’s motion and admitted him to permanent membership in the Connecticut bar.

From this decision the appellant took this appeal. It should perhaps be pointed out that under Connecticut procedure a standing committee on recommendations for admission to the bar exists in each county and is composed of members of the bar who serve without pay and who are appointed by the judges of the Superior Court. The committee assists the Superior Court in investigating the character, fitness and qualifications of candidates for admission to the bar, whether with or without examination. Practice Book §§ 11-15; see cases such as Heiberger v. Clark, 148 Conn. 177, 182, 169 A.2d *190 652. Thus, the members of the various standing committees on recommendations for admission to the bar gratuitously perform a valuable service to the Superior Court, to the bar, and to the public. In the instant case, it is clear that the appellant has no ill-will toward Hunt and in taking this appeal is merely urging that we reverse the Superior Court because that court, as the appellant construes the applicable rules and especially § 15, was in error, in the two respects claimed, in deciding that Hunt had shown himself entitled to be permanently admitted on motion without examination.

The two claims really present but one fundamental issue, as clearly stated in the appellant’s brief, that is, that Hunt had not, during the period of his temporary license, devoted the major portion of his working time to the practice of law within this state and that he did not intend, if admitted, so to do. The appellant bases this claim on the fact that Hunt has practiced, and, if admitted, intends in the future to practice, almost exclusively as a salaried house counsel for the New Haven, and has neither held himself out to the public of Connecticut as available for general legal employment nor actually engaged in such general employment except to a very limited extent. Admittedly, his only law office facility has been that provided by the New Haven, in New Haven, Connecticut. If admitted, he intends no essential change in his legal activities.

Whether Hunt has complied with the requirements of the rules where, as here, there is no real dispute as to what he has done, or intends to do, is a question of law as to the meaning of the wording of § 15 as applied to Hunt. In re Application of Warren, 149 Conn. 266, 273, 178 A.2d 528. It is not, as the appellant claims in its brief, a matter resting in *191 the appellant’s discretion. See cases such as Park Regional Corporation v. Town Plan & Zoning Commission, 144 Conn. 677, 684, 136 A.2d 785.

There is nothing in the wording of § 15, or any other applicable rule, to suggest that a salaried house counsel as a matter of law cannot, as such, be held to be engaged in the practice of law. The appellant seems to claim that, as a matter of public policy, a salaried attorney for a single client could not qualify as being engaged in the practice of law because he would be subject to the control, through the power of discharge, of his one client, and consequently he would be under strong compulsion to do that client’s bidding whether in accordance with, or contrary to, applicable standards of ethical legal practice.

We find little merit in this policy claim. In the first place, about the same situation would exist when an attorney in general private practice receives the major portion of his income from a single client, as is sometimes the case.

But the second, and the basic, flaw in the appellant’s claim is that it overlooks the real purpose of our rule providing for a temporary license to practice. We think it clear that the basic purpose of the requirement of the temporary license is to provide a year within which are tested, in the practice of law in Connecticut, the attorney’s ethical standards, as well as his legal competency. It is that continuity of exposure and testing which is required, whether in the service of one or many clients. Only after the attorney has demonstrated his general fitness during his probationary year, can he be granted a permanent license to practice.

The appellant cannot import into the wording of § 15 a definition of the term “practice of law” which *192 ipso facto would exclude from the scope of that definition legal work performed on a full-time basis, at a fixed salary and for a single client, whether corporate or individual.

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Related

Heiberger v. Clark
169 A.2d 652 (Supreme Court of Connecticut, 1961)
State Bar Assn. v. Connecticut Bank & Trust Co.
153 A.2d 453 (Supreme Court of Connecticut, 1959)
In Re Application of Warren
178 A.2d 528 (Supreme Court of Connecticut, 1962)
Park Regional Corporation v. Town Plan & Zoning Commission
136 A.2d 785 (Supreme Court of Connecticut, 1957)
Petitions of Jackson
187 A.2d 536 (Supreme Court of Rhode Island, 1963)
Blaney v. Standing Committee
26 A.2d 354 (Supreme Court of Connecticut, 1942)

Cite This Page — Counsel Stack

Bluebook (online)
230 A.2d 432, 155 Conn. 186, 1967 Conn. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-of-hunt-conn-1967.