State ex rel. Dill v. Martin

Citations

• 45 Wash. 76
• 87 P. 1054
• 1906 Wash. LEXIS 925

Syllabus

<p>Attorney and Client — Disbarment—Parties. Proceedings for the disbarment of an attorney at law may be instituted on the information or relation of the bar association composed of attorneys who are members of the bar of the county.</p> <p>Same — Demurrer—Harmless Error. The overruling of a demurrer to charges in a disbarment proceeding, on the ground of the unconstitutionality of the barratry statute of 1903 prohibiting the solicitation of business, is harmless where the evidence supports findings on other charges, not relating to the statute, warranting the judgment.</p> <p>Same — Grounds for Disbarment — Findings—Sufficiency—-Statutes — Construction. Findings of fact showing the securing of employment as an attorney through false representations as to other counsel, and as to the status of a case pending in the supreme court, and the representing of adverse interests in the same case, and conduct while acting as judge which necessarily involves immorality as a man and lawyer, are sufficient to support a judgment of disbarment of an attorney for unprofessional conduct, without regard to any provision of the barratry statute of 1903 prohibiting the solicitation of business; since Bal. Code, § 4775, authorizing the removal of an attorney for any violation of his oath or of his duties as an attorney, comprehends all acts involving the attorney’s honesty and reliability.</p> <p>Same — Costs. In a proceeding for the disbarment of an attorney, it is reversible error to -tax costs against the defendant, there being no statute in this state authorizing costs against either party.</p> <p>Same — Costs on Appeal. Upon reversing a judgment in disbarment proceedings for costs in a substantial amount, the defendant is entitled to his costs on appeal, to be taxed against the state, and not against the relators.</p>