State ex rel. Milwaukee Bar Ass'n v. Aderman

11 Wis. 319
CourtWisconsin Supreme Court
DecidedOctober 4, 1960
StatusPublished
Cited by4 cases

This text of 11 Wis. 319 (State ex rel. Milwaukee Bar Ass'n v. Aderman) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Milwaukee Bar Ass'n v. Aderman, 11 Wis. 319 (Wis. 1960).

Opinion

Per Curiam.

Louis B. Aderman is a native of Milwaukee, Wisconsin, forty-seven years old, married, and the father of two children. He graduated from Milwaukee State [321]*321Teachers College in 1933, and from Marquette University Law School in 1937, with admittance to the Wisconsin bar in June, 1937, and has practiced in Milwaukee almost continually since that date. Although sometimes sharing office space with another attorney, he has always practiced alone. Prior to 1956, he was in general practice, as well as being active in the real-estate business.

In 1951, defendant was convicted in the United States district court for the Eastern district of Wisconsin of two federal felonies. The defendant’s conviction in the federal court gave rise to disbarment proceedings in this court, as a result of which defendant was found to have been guilty of misconduct. He was reprimanded and required to pay costs and expenses of the proceeding. State v. Aderman (1955). 270 Wis. 516, 71 N. W. (2d) 268.

In 1956, defendant became actively engaged in the practice of criminal law, and secured his first criminal case by reference from another attorney. Defendant’s criminal practice increased with extraordinary rapidity among people charged with violations of narcotics laws. By 1957, he had become one of Milwaukee’s busiest criminal lawyers in this area. In 1957, Mr. Aderman was appointed by the court to defend indigent persons in over 30 cases. He represented 67 different persons in municipal court during that year and appeared in municipal and district courts of Milwaukee literally hundreds of times.

The early fall of 1957, defendant was under suspicion in the eyes of some judges, the district attorney’s office, the police, and jail attendants. Defendant’s criminal business fell off sharply, and several of his clients discharged him in midstream. About this time some of his clients made statements to the police, district attorney’s office, and others, accusing defendant of some of the improper practices of which he is charged in the present action.

[322]*322Defendant’s criminal practice shrank almost as fast as it had grown, as a result. In February, 1958, he gave up his practice and left the state. In July of the same year, he returned to Milwaukee and once again established himself as a practicing attorney. It appears he regained some of his criminal practice upon his return, but the majority of his law work was in another field.

The amended complaint contains 13‘counts, some of them charging several offenses. In all, over 30 separate acts of wrongdoing are charged. These charges fall into three general categories: (1) Solicitation of clients; (2) encouragement of perjury and suppression of truth; and (3) improper attitude toward courts and other lawyers.

The defense consists of denials of all wrongdoing, attempts to impeach plaintiff’s witnesses, and a claim to a virtual conspiracy between police officers and plaintiff’s principal witnesses to eliminate defendant from practice in the criminal courts, where he contends he was a thorn in the flesh of the police by his zeal and success in defending those charged with crime. The record reveals that much testimony was taken in connection with the defendant’s attempt to show the conspiracy and police pressure which the defendant asserted to have existed. In this respect he was not wholly without reason for such belief. He tried to collect evidence on the basis of which he could support his charges. While certain of the police officers and members of the district attorney’s office did play some part in getting some persons who had dealt with defendant to give statements concerning the charges against him, nevertheless, the referee, the trier of the facts, found no credible evidence that they consciously or improperly induced or tried to induce such witnesses to testify falsely.

Plaintiff’s case rests largely on (a) the testimony of two police detectives, an assistant district attorney, and a deputy [323]*323sheriff as to conversations participated in by defendant which they overheard, and (b) testimony of 10 other persons as to statements made by defendant to them. All of these 10 witnesses had been convicted of criminal offenses, and most had served prison terms.

Many of the charges against the defendant were supported only by the testimony of persons frequently involved with the police who might have been motivated by a desire to gain favorable standing with the police. Most of the other charges rested wholly on testimony of police officers to conversations overheard by them, and recalled several months and even years later.

The amended complaint contained 13 separate counts. Count I relates to the defendant’s frequently, improperly, and unethically soliciting in person and causing others to solicit business on his behalf. This count specifically listed 10 separate counts of solicitation.

Count I.

“(a) That on or about the 13th day of September, 1957, the defendant requested one William Hudson Davis to solicit legal business for defendant.

“(b) That on or about the 13th day of September, 1957, the defendant requested one Thomas Pate to solicit legal business for defendant.

“(c) That in- November of 1957, defendant approached one J. W. Childs and asked that the said J. W. Childs retain him as his counsel.

“(d) That in the spring of 1957, the defendant requested one Anderson Griffin to solicit legal business for defendant.

“(e) That in the year 1957, the defendant requested one Gilbert Turner to solicit legal business for defendant.

“(f) That on the 15th day of November, 1957, the defendant solicited one William Palmer with the intention of inducing the said William Palmer to retain him.

[324]*324“(g) That in May of 1957, the defendant solicited one Roscoe Webb with the intention of inducing the said Roscoe Webb to retain him as his counsel.

“(h) That on or about the 15th day of February, 1957, the defendant solicited one Donald W. Spears to retain him as his counsel.

“(i) That in the spring of 1957, the defendant approached one Fred Githering and requested the said Fred Githering to solicit legal business for defendant.

“(j) That the defendant held interviews with the foregoing prisoners not warranted by personal relations; that he made repeated visits to said jail for the purpose of solicitation at all hours and many times in one day; that on his visits to the jail he would see as high as five prisoners; that defendant’s visits to the jail were far more than any other attorney and so frequent that a certain bench in said jail was designated as ‘Aderman’s office;’ that defendant did bring with him to the jail and distribute among the prisoners, pamphlets entitled ‘Denial of Human Rights in Criminal Cases,’ which pamphlets contained a collection of authorities on the denial of defendants’ rights in criminal matters, which books prominently displayed his authorship thereof and professional capacity.”

The record reveals that on many occasions defendant, Aderman, informed clients in the county jail that he would be glad to serve other prisoners who needed or wanted an attorney. He gave his clients confined in the county jail more than one of his cards. He also told these clients if other persons wanted to get in touch with him they should contact him.

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Bluebook (online)
11 Wis. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-milwaukee-bar-assn-v-aderman-wis-1960.