In re Graffius

Citations

• 241 Pa. 222
• 88 A. 429
• 1913 Pa. LEXIS 764

Syllabus

<p>Attorneys-at-law — Disbarment proceedings — Jurisdiction of court — Misconduct in another county — Act of April lk, 1881¡, P. L. 888.</p> <p>1. The power of a court to disbar an attorney should be exercised with great caution, but there should be no hesitation in exercising it, when it clearly appears that it is demanded for the protection of the public. The court by admitting an attorney to practice, endorses him to the public as worthy of confidence in his professional relations, and if he becomes unworthy, it is its duty to withdraw its endorsement.</p> <p>2. It is unimportant as affecting the right and duty of the court in disbarment proceedings, where the misconduct of the attorney occurs. An order disbarring an attorney was, therefore, properly made by the Common Pleas Court of Blair County, where it appeared that the attorney accused had received money from a client, to be paid in the settlement of a case pending in another county, and that he had not used the money in such settlement but had appropriated it to his own use.</p> <p>3. Aside from the general power of the court in disbarment proceedings, it is its duty, under Section 74, of the Act of April 14, 1834, P. L. 333, to strike from the roll of attorneys any one who has retained money belonging to a client, after demand.</p>