Wilhelm's Case

Citations

• 269 Pa. 416
• 112 A. 560
• 1921 Pa. LEXIS 579

Syllabus

<p>Attorney-at-law — Disbarment — Appropriation of client!$ money — Inciting feeling against court in public address — Statute .of limitations — Laches—Continuance—Discretion of court — Privileged communication — Reinstatement—Appeal—Review.</p> <p>1. An attorney-at-law may 'be disbarred where it appears that he retained and used money which he had collected for a client, and refused to return it when demand was made upon him. The fact that the money was paid back before the rule for disbarment was acted upon, does not wipe out the offense.</p> <p>2. The fact that a rule-for disbarment is allowed to rest for five years, and the attorney suffered to continue his practice, is not ground for reversing the final action of the court in making the rule absolute.</p> <p>3. The statute of limitations has no application to such a case, nor does the delay amount to laches.</p> <p>4. An attomey-at-law, who, in a public address, incites popular feeling against the judges for the purpose of interfering with a fair and impartial consideration of a pending case, may be disbarred.</p> <p>5. An improper attempt to influence judicial action is never privileged.</p> <p>6. An attorney is an officer of the court, and when his conduct is in question, it is proper for a judge to interrogate witnesses.</p> <p>7. The matter of continuance is for the discretion of the trial court, and its refusal is not cause for reversal.</p> <p>8. The court has the undoubted right, in the exercise of a sound discretion, to disbar an attorney for serious misconduct in court or out of court, and such right should be firmly exercised, but with great caution and only in a clear case.</p> <p>9. The court has discretionary power to reinstate an attorney after disbarment.</p>