In re Disciplinary Proceedings Against Roberts

274 P.2d 343, 45 Wash. 2d 317, 1954 Wash. LEXIS 410
CourtWashington Supreme Court
DecidedSeptember 24, 1954
DocketNo. C.D. 4249
StatusPublished

This text of 274 P.2d 343 (In re Disciplinary Proceedings Against Roberts) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Disciplinary Proceedings Against Roberts, 274 P.2d 343, 45 Wash. 2d 317, 1954 Wash. LEXIS 410 (Wash. 1954).

Opinion

Weaver, J.

The board of governors of the Washington state bar association presents to this court, for final disposition, its recommendation that respondent, George W. [318]*318Roberts of Walla Walla, Washington, be suspended from the practice of law for a period of thirty days. The recommendation cbnfirms the report of a three-man triál committee which heard the matter.

The recommended suspension is based upon a finding of the trial committee that respondent violated Canons of Professional Ethics 27 and 7.

The portions of the canons involved read as follows-:

“It is unprofessional to solicit professional employment . . . by personal communications or interviews not warranted by personal relations'. - Indirect advertisements for professional employment such as . . . 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; . . . ” Canon of Professional Ethics 27, 34A Wn. (2d) 136.
“Efforts, direct or indirect, in any way to encroach upon the professional employment of another lawyer, are unworthy of those who should be brethren at the bar; but, nevertheless, it is the right of any lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel, generally after communication with the lawyer of whom the complaint is made.” Canon of Professional Ethics 7, 34A Wn. (2d) 127.

The specific factual questions presented are these: (1) Did respondent solicit the probation of an estate, which subsequently was appraised at approximately seventy-six thousand dollars? (2) Did respondent encroach, in any way, directly or indirectly, upon the professional employment of another lawyer?

Respondent was admitted to practice law in this state in 1916. Since 1922, he has specialized in tax work in Walla Walla. From 1938 to 1952, he had acted as an accountant and tax consultant for Carlos Gregory, Sr. On November 12, 1952, no matter of a tax or legal nature, concerning Mr. Gregory, was pending in respondent’s office.

That evening, respondent read in the newspaper that Carlos Gregory, Sr., had died about three p. hi. He testified that about nine p. m.

[319]*319“ . . . I called up.Leonard DeWitt [a mortician] and I asked him, if when-the relatives showed up if [sic] for Carl Gregory, I would appreciate it if he would have somebody contact me because I had a lot of information that would be very useful to the heirs of his Estate.”

Respondent testified that, at the time, Mr. DeWitt told him

“ ‘Murray Taggart is looking after the Estate affairs.’ ”

Mr. Taggart is the prosecuting attorney of Walla Walla county and has been practicing law since 1948.

Concerning the information given him by Mr. DeWitt, respondent testified that

“. . . it was surprising to me that a man should be the Attorney for that Estate and in the absence of a Will, and no wife, and he died at 3:00 o’clock in the afternoon, and by 9:00 o’clock at night the Coroner says the Prosecuting Attorney is the Attorney for the Estate.”

Respondent knew that decedent did not have a will, for he had discussed the matter with him a short time before his death. Respondent knew decedent had several children. He did not know that one son, Carlos Gregory, Jr., thirty-seven years old, had lived in Walla Walla for thirty-two years.

Carlos Gregory, Jr., consulted Mr. Taggart the same afternoon his father died. He told Mr. Taggart he wished him to handle the estate, subject to the concurrence of Claude, his brother who lived in Oregon, and Blanche Farnham, his half sister who lived in Idaho, who had not yet arrived in Walla Walla.

Carlos, Jr., and Mr. Taggart searched for decedent’s will that afternoon. The next day, November 13, 1952, as a part of the search, Mr. Taggart telephoned respondent, who told Trim he did not have decedent’s will and was positive that there was none. He did not tell Mr. Taggart that he had “information that would be very useful to the heirs of his Estate,” nor did he disclose that he had a file containing copies of decedent’s income tax returns for a number of years.

[320]*320Mr. DeWitt, the mortician, telephoned respondent and told-him that decedent’s daughter, Mrs. Farnham, was at the Grand Hotel. About midday of November 14th, respondent telephoned Mrs. Farnham. He testified:

“I introduced myself to her and I told her who I was, and I told her that I’d worked for her father about 13 years and that I had information in the file in my office regarding his properties, and felt that the information that I had would be of great benefit to whoever had the handling of his affairs after his death.
“And I told her unfortunately that I couldn’t be at the funeral because I was definitely committed to be at Connell at 10:00 o’clock on Saturday. . . . And that inasmuch as she was from out of the State and the funeral was Saturday, there would be no chance for her to see me after the funeral, no chance for me to contact them on Saturday and I wouldn’t be back until Monday, and by that time they probably would have returned to Oregon and Idaho, so if they wanted to see me, I’d be glad to see them. And she said, ‘Well, maybe we’ll be over.’ ”

We note that respondent stated in his answer to the complaint of the board that

“I told Mrs. Farnham that if she and her brother from Oregon desired to see me while in Walla Walla for the funeral it would have to be that afternoon; and I invited them to come to my office if they wanted to see me.”

Sometime during November 14th, Mr. Taggart met with the three children. As a result of that conference, Mr. Taggart considered that he had been employed to probate the estate.

Later that day, Mrs. Farnham and decedent’s two sons, as a result of respondent’s telephone call, went to his office. All three were strangers to respondent. (Carlos Gregory, Jr., testified his father had introduced him to respondent several times in Walla Walla but respondent had no remembrance of these occasions.)

It is undisputed that at least three things were mentioned at this conference: (1) the information which respondent had of decedent’s affairs, especially as it related to a file containing copies of decedent’s Federal income tax returns [321]*321for a number of years; (2) the probation of the estate; and (3) the fact that some of the heirs had previously consulted Mr. Taggart.

Except for respondent’s denial that he solicited probation of the estate—which is a conclusion to be drawn from the facts—the testimony of what happened at the conference is not in serious conflict.

Claude Gregory summarized the meeting in the following language:

“And with this information that he had in regards to the account, he advised us that he felt that he knew more about our father’s business than probably any other man in the City of Walla Walla, and was offering his services to us in the manner in which we understood that he had these accounts, that they would help us expedite in clearing up the matter, you know, in handling all of the things that are to be handled.

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Related

In Re the Discipline of Little
244 P.2d 255 (Washington Supreme Court, 1952)
In Re of Disciplinary Proceedings Against Steinberg
269 P.2d 970 (Washington Supreme Court, 1954)

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Bluebook (online)
274 P.2d 343, 45 Wash. 2d 317, 1954 Wash. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proceedings-against-roberts-wash-1954.