People ex rel. Shufeldt v. Barker

Citations

• 56 Ill. 299

Syllabus

<p>1. Attorney and ' client—tonfidential communications. Communications made to a counselor, attorney or solicitor, when made to him in the character of a legal adviser, are to be protected, as the privilege of the party asking the advice. The courts will never compel, or even allow, an attorney to disclose facts thus communicated to him by his client. Such protection from disclosure is the privilege of the client, not of the attorney, and will be extended to all communications passing between attorney and client, where the latter seeks professional advice, whether the subject of advice is pending in suit or not.</p> <p>3. Same—release Toy one of a firm. Where an attorney has received confidential communications from a partnership firm, one member of the firm can not release him from his obligation of secrecy. It is the privilege of all, and, before the attorney can properly disclose such communications, he must have the consent of every member of the firm.</p> <p>8. Same—mal-conduct on the part of an attorney—degree of proof required. The name of an attorney should not be stricken from the roll for alleged misconduct in office, except upon a clear preponderance of proof against him. Consequences so serious should not be visited upon him in a doubtful case, or upon a mere preponderance of evidence.</p> <p>4. An attorney at law had been doing business in that capacity for a party, and also negotiated a loan for the latter, for which the attorney became personally liable. During the time of some of these transactions, the attorney learned from such party certain facts concerning his private business affairs, which he disclosed in his testimony in a suit by a third person against his client. In a proceeding to strike the name of the attorney from the roll, for alleged misconduct in making such disclosure, on the allegation that the matters were confided to him in his character as an attorney, by his client, it was held, the testimony was not sufficient to support the p