In re Connelly

18 A.D.2d 466, 240 N.Y.S.2d 126, 1963 N.Y. App. Div. LEXIS 3767
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 14, 1963
StatusPublished
Cited by1 cases

This text of 18 A.D.2d 466 (In re Connelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Connelly, 18 A.D.2d 466, 240 N.Y.S.2d 126, 1963 N.Y. App. Div. LEXIS 3767 (N.Y. Ct. App. 1963).

Opinions

Per Curiam.

This is a disciplinary proceeding brought in this court pursuant to the provisions of subdivision 2 of section 90 of the Judiciary Law. Named as respondents, among others, are John Edward Connelly, Jr. (admitted to the Bar December 24, 1930 in the First Department), Paul J. Chase (admitted to the Bar June 30, 1943 in the Second Department), John Logan O’Donnell (admitted to the Bar March 31, 1943 in the Second Department), and Harry F. Weyher (admitted to the Bar March 20, 1950 in the First Department). These persons were, at all the times hereinafter mentioned, and are now members of the firm of Olwine, Connelly, Chase, O’Donnell & Weyher. They are charged with professional misconduct in their violation of the following canons of the Canons of Professional Ethics of the New York State Bar Association, viz., canon 27, Advertising, Direct or Indirect, canon 29, Upholding [468]*468the Honor of the Profession, and canon 46, Notice of Specialized Legal Service, in that:

1. The respondents aided and cooperated in the preparation, and acquiesced in the publication of an article entitled ‘ ‘ Behind the Scenes Tour of Today’s Legal Labyrinths: Lawyers Who Try Not to Try Cases ” by Maitland Edey, “ Life ”, March 9, 1962.
"2. The article in question had the purpose or effect of advertising the services of respondents and their associates, of improperly giving notice of specialized legal services, of touting such services, and of calling attention to the magnitude of causes in which respondents have been engaged and to the importance of respondents’ positions.
"3. The aid and cooperation of respondents in the preparation of said article and their acquiescence in its publication were inconsistent with their duty to uphold the honor and to maintain the dignity of the profession in that such publication offended the traditions and lowered the tone of the profession."

The charges were referred to Hon. J. Lee Rankin, as Referee, to take the evidence and report the same, with his opinion, to this court. Following hearings and the due completion of proceedings before him, he has rendered a very fair and comprehensive report, finding that the said LIFE article, mentioned in the charges, “ had the purpose or effect of advertising the services of respondents or their associates, of touting such services, and of calling attention to the magnitude of causes in which respondents had been engaged and to the importance of respondents’ positions. I also find that the aid and cooperation of respondents in the preparation of said article and their acquiescence in its publication and their failure to request the exclusion of self-laudatory portions were inconsistent with their duty to uphold the honor and to maintain the dignity of their profession and that such publication offended the traditions and lowered the tone of the profession.” The Referee concluded that “ the respondents and each of them were guilty of professional misconduct within Judiciary Law Section 90 (2) and violations of Canon 27, Advertising, Direct or Indirect, and Canon 29, Upholding the Honor of the Profession, of the Canons of Professional Ethics ’ ’.

The matter is now before this court on a motion to confirm the said report of the Referee.

As specified, the charges of professional misconduct made against the respondents, were grounded upon their alleged violation of canons 27, 29 and 46 of the Canons of Professional Ethics. These canons are among the 47 canons which were [469]*469adopted in 1909 by the New York State Bar Association as a “general guide ” for attorneys to the end that “the conduct and the motives of the members of our profession are such as to merit the approval of all just men.” (See Preamble.) Similar canons have been adopted by the American Bar Association. Promulgated in furtherance of the interests of the Bar and of the public, they represent a codification “in convenient form [of] the traditions and practice that have been recognized over the centuries as part of the common law with respect to the lawyer’s obligations to the courts and the administration of justice, to the public and his clients, and to his profession and his fellow practitioners.” (Matter of Rothman, 12 N. J. 528, 535; Ann. 39 A. L. R. 2d 1055 et seq.) While not possessing the force and effect of statutes, the canons have come to be recognized by the Bench and Bar as establishing wholesome standards for professional conduct. (See Matter of Cohen, 261 Mass. 484, 487; Herman v. Acheson, 108 F. Supp. 723, 726; People ex rel. Chicago Bar Assn. v. Berezniak, 292 Ill. 305.) Consequently, lawyers are expected to follow faithfully the dictates of these canons, and any substantial breach thereof is considered as professional misconduct which may be the subject of disciplinary action in accordance with the provisions of said subdivision 2 of section 90 of the Judiciary Law. (See Matter of Neuman, 169 App. Div. 638, 641; Matter of Schwarz, 175 App. Div. 335, 344; Hunter v. Troup, 315 Ill. 293; People ex rel. Chicago Bar Assn. v. McCallum, 341 Ill. 578.) And there are a number of decisions, though not at all in point on the facts, holding that a violation of canon 27 in the furnishing or inspiring of newspaper comments, photographs or articles, constitutes grounds for disciplinary action. (See Ann. 39 A. L. R. 2d, p. 1067.)

Here, as we shall see, the actions and conduct of the respondents were in such clear disregard of the directions of the canons, and, in particular, of canon 27, that this proceeding is well grounded. Said canon, in its wording (first par.) material to the charges here, is as follows:

“ 27. Advertising, Direct or Indirect
“It is unprofessional to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations. Indirect advertisements for professional employment such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of [470]*470their conduct, the magnitude of the interest involved, the importance of the lawyer’s position, and all other like self-laudation, offend the traditions and lower the tone of our profession and are reprehensible; but the customary use of simple professional cards is not improper.”

The gravamen of the charges, as in violation of said canon 27, is that the respondents’ participation and acquiescence in the publication of the LIFE article "had the purpose or effect of advertising the services of respondents or their associates, of improperly giving notice of specialized legal services, of touting such services, and of calling attention to the magnitude of causes in which the respondents had been engaged and to the importance of respondents’ positions.” Clearly, if the purpose and effect of the respondents’ conduct were as charged, this would constitute "indirect advertising" prohibited by said canon.

The said LIFE article was originally planned by the editors of LIFE as one to cover the practice of corporate law in New York City as practiced by medium-sized law firms. The thought in the first instance was that it would deal generally with such practice as conducted by a number of these firms.

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Bluebook (online)
18 A.D.2d 466, 240 N.Y.S.2d 126, 1963 N.Y. App. Div. LEXIS 3767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-connelly-nyappdiv-1963.