People ex rel. Chicago Bar Ass'n v. Berezniak

127 N.E. 36, 292 Ill. 305
CourtIllinois Supreme Court
DecidedApril 21, 1920
DocketNo. 12141
StatusPublished
Cited by19 cases

This text of 127 N.E. 36 (People ex rel. Chicago Bar Ass'n v. Berezniak) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Chicago Bar Ass'n v. Berezniak, 127 N.E. 36, 292 Ill. 305 (Ill. 1920).

Opinion

Mr. Justice Duncan

delivered the opinion of the court:

An information to disbar respondent was filed at the April term, 1918, .of this court by the Chicago Bar Association. Respondent filed his answer at the June term, 1918, and the case was referred to Charles C. Stillwell as commissioner to take and report the proofs and to make findings and recommendations. His report has been filed and no exceptions thereto have been talcen by either party. No evidence was transmitted with his report. The cause’ stands for decision upon the correctness of the legal conclusions dr-wn by the commissioner from the facts reported by him.

The commissioner has found the facts to be substantially as follows: Respondent was licensed in Illinois as an attorney at law about December 10, 1913, and has since that' date been actively engaged in the practice of law in Chicago. He was born in southern Russia in 1873, graduated at the Imperial University in Petrograd and came to the United States in 1892 as the representative of Russian newspapers at the World’s Fair. He was admitted to the Indiana bar in 1907 and practiced law in Indianapolis, Crown Point and Hammond for nearly six years. After his admission in this State he began to specialize as a legal adviser of theatrical people, since which 'time his practice has been almost wholly confined to members of that profession. In January, 1916, he published and circulated among the members of that profession a diary and daily route book. The book contained a large number of blank pages, a calendar for 1916 and 1917, useful information, such as rates-of postage, names of Presidents and legal holidays in various States, and at the bottom of the-blank memorandum pages were printed extracts from statements, letters .arid testimonials laudatory of respondent and his services as an attorney. The title page contained the following:

“Published by Leon A. Berezniak Attorney for the Profession 105 West Monroe Street Chicago.”

. The second page had a likeness of the respondent, below which appeared the following:

“Leon A. Berezniak Lawyer to the Profession 105 W. Monroe St., Chicago, Ill.”

The preface or introduction to the book, signed by the' respondent, contains the following: “Of course, I have an object in distributing this little book, which only goes to the profession. I wish you to know me better in case you have need of me, and I wish to know you also. * * * I know you will permit me a word or two about myself. I specialize largely in theatrical law — for there is such a thing, the outgrowth of the many unusual questions which have arisen because of the growth of the profession. I am also engaged in general practice, handling all matters requiring legal services in all its branches. As for my qualifications, I have been admitted to the bar of. Illinois and Indiana and have practiced in both States over a considerable number of years and have also been admitted to practice in the several United States courts. * * * As I said above, the primary object, upon my part, of this little book is to make your acquaintance, * * * and I wish further to assure you that when you are in need of the counsel of a lawyer you are perfectly free to call upon me, either personally or through correspondence, and consult me without charge or obligation to you. This is no fake offer. ' I wish to widen my already broad acquaintance in the theatrical field, since it is there that the bulk of my practice lies. I wish your good will, knowing that it will mean your .patronage in time of need and knowing further thát I shall acquit myself not only to your satisfaction but to your high pleasure whenever so employed.”

In September, 1917, the respondent caused to be printed and published a little book entitled, “The Berezniak Diary and Daily Route Book for 1917-18,” which he caused to be circulated and distributed in Chicago and throughout the United States generally, among the members of the theatrical profession only. It was gotten up upon the same general plan as his former book but was somewhat more elaborate. In the preface or introduction is found the following printed matter: “This is the second edition of what I am proud to call the Berezniak Diary and Route Book, and I hope it will prove an improvement over its modest predecessor. * * * The theatrical profession, living largely in a world of its own, has most emphatically a body of law of its own. There are unusual contracts, pertaining almost wholly to this profession, to be drawn and construed. There is the domestic side of theatrical life to be considered. These are all things that require not alone a knowledge of this branch of the law but a thorough familiarity with the profession itself, in order' that the practitioner may specialize with the greatest degree of success in theatrical law. * * * I specialize in theatrical law almost to the exclusion of all other branches of the practice, save those which are incidental to this specialty. * * * Therefore, while this little book is, in the main, offered for the purpose of giving something useful to the members of the profession from which I derive my livelihood and is intended to be a constant reminder of me to them, it has— I may as well admit it — also the purpose of bringing me to the attention df those who do not already know me and of further commending me to those who do. I wish actor clients. I know I can serve them more intelligently than the average lawyer, and I am glad to be able to refer with confidence to a host of them whom I have already served. In these pages you will read some short and unsolicited testimonials from these.”

The following are a few of the printed .extracts from statements and letters of other parties found in these two books in the nature of testimonials, the names of the authors being omitted: “Berezniak is one of the few lawyers who look for the interest of the client first and the money second.” “I consider that the theatrical artist who has Leon A. Berezniak as his attorney has already won half the fight.” “His long and successful legal career has given Leon A. Berezniak well-deserved fame among theatrical artists.” “Wrongs of theatrical artists are usually quickly righted if Leori A. Berezniak is their lawyer.” “As the legal mentor to the people of the stage, Leon A. Berezniak is now above rivalry.” “The artist whose lawyer is Leon A. Berezniak may count confidently on winning.” “Berezniak is the legal Gibraltar of the theatrical profession.” “No theatrical artist should ever sign a contract which attorney Berezniak disapproves.” “ ‘Forehandedness’ and ‘preparedness’ are synonyms, and they’re both synonymous with ‘Berezniak’ advice.”

The respondent also caused to be printed and circulated through the United States mails, to the members of the theatrical profession, printed post-cards containing photographic views on the back thereof and on the face thereof a likeness of "respondent and the following printed matter:

“Here’s a little remembrance of your engagement .in Chicago. Take it with the sincere good wishes of Leon A. Berezniak Lawyer to the Profession 105 VV. Monroe Street, Chicago Telephone Central 5374.”

He also caused to be printed and circulated among the members of the theatrical profession a book of “I. O.

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127 N.E. 36, 292 Ill. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-chicago-bar-assn-v-berezniak-ill-1920.