In re the Disbarment of Elliott

Citations

• 73 Kan. 151
• 84 P. 750
• 1906 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Privileged Communication — Requisite. In order for a communication from a .client to his attorney to be confidential and to impose upon the attorney the duty of not disclosing the same it must be of a confidential character, and so regarded, at least by the client, at the time, and must relate to a matter which is in its nature private and properly the subject of confidential disclosure.</p> <p>2. -Attorney and Client — Publication of ■ Communication by Client. An answer which has been prepared for the purpose of being filed by or on behalf of the client, and which has been read by the notary, with the consent of the client, and the substance of which has been given by the client to a newspaper reporter and published, and which answer has been shown by the client to, and — with client’s consent— read by, an attorney appearing against said client in the proceeding in which it was to be filed, and the substance of which answer has been incorporated into a petition by the client against his attorney and filed in another action, is not such a confidential communication.</p> <p>3. Attorneys — Disbarment Proceeding — Limitation of Action. While there is no statute of limitations which is technically applicable to a disbarment proceeding, yet where the alleged misconduct set forth in a charge is shown .to have occurred more than thirteen years before the charge is filed in this court, and it appears that proceedings to investigate the occurrence were 'instituted soon thereafter and proceeded so far that an accusation was prepared and the accused made known his defense thereto, and that thereupon the district court having jurisdiction, and the members of the bar thereof, dropped further proceedings, and thereafter the judge of that court and the members of the bar recognized the accused professionally and socially, this court will not consider such charge. It is at least stale.</p>