People ex rel. Attorney General v. Beattie

Citations

• 137 Ill. 553
• 27 N.E. 1096

Syllabus

<p>1. Attorney at law—revoking license—for what cause. While an attorney at law owes his client the duty of fidelity, he also owes the duty of good faith and honorable dealing to the court before whom he practices. He is an officer of the court, and his high vocation is to correctly inform the court upon the law and the facts of the case, and to aid it in doing justice. He violates his oath of office when he resorts to deception or permits his client to do so. He is under no obligation to seek to obtain for his client that which is forbidden by the law.</p> <p>2. If he suffers false and perjured testimony to be presented to the court, with the possible result of inducing the latter to take jurisdiction of a cause in which there would otherwise be no power to act, and to grant a judgment or decree which the law would prohibit if the real character of the offered testimony were known, he can not shield himself behind his supposed obligations to his client.</p> <p>3. An attempt by an attorney at law, in the conduct of a suit for a divorce, to impose upon and deceive the court by the introduction in evidence of testimony known by him to be false and perjured, whereby he obtains a fraudulent decree of divorce, is such professional misconduct as will justify this court in revoking his license.</p> <p>4. If the solicitor of a party suing for a divorce, after the hearing and before the court has had time to examine the evidence, informs his client that a divorce has been granted, and in consummation of the fraud gives her a paper purporting to be a true copy of the decree when no decree at all has been entered, and thereby enables and assists her in procuring a marriage license and to get married before obtaining a divorce, this misconduct and fraud will justify this court in striking his name from the roll of attorneys.</p> <p>5. Where a solicitor in a suit for divorce procures or permits his alien t to swear falsely to a material fact going to the jurisdiction of the cour