The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-02-19
SLIGHT WRECK IN A. C.. |. YARDs OsBARMEM OF ATTORNEYS
Text Of Measure That Has Been
Sent to the Legislature.
Ii was Prepared Under Direction OF a
Committee of the State Rar AS~oCi-
ation-rurpo~c j. To Keep the Pro-
lesion on n High Plane.

one OF the most important matters
that was brought before the State .>ar
Association, al is meeting he'd las,
summer, was the question OF taking
some step that woulc keep tina, 2rufes-
sion ON a high plane in North Caro-
lima. and which would .uryent inc
'shyster" lawyer from practicing b.
fore the courts of this STATE
n matter was cCusi4e~ed OF such
Importance by the members OF INC as
ISOLATION that II a decided 10 have q
committee appointed. which shoulu
consider the subject and then shoa,d
offer recommendations which were 20
be incorporated in a bill and sent To
the Legislature TO be acted on.
The committee who had the subipc-
under consideration, after discussing
thoroughly all the details that arose
during the discussion, finally uniteo
on the bill entitled An Act for the
D1sbarment and Suspension of Attor-
neys-at-IaW." The bill has already
been drawn Il forwarded by The
secretary OF the association, ThaS. W.
Davis, Esq, TO Raleigh, where it soon
Will be introduced in the iegis1AtHie.
1t is not known that there = "ny
opposition TO the measure, the fun
text Of which is as follows:
A BILL TO BE ENTITLED AN ACT.
FOR THE DISBARMENT AND SUS-
PENSION OF ATTORNEYS-AT-
LAW:
The General Assembly of North ca
DINA do Enact:
Section. i. That an attOrney-at-laH
must be disbarred and removed for the
following causes by the superior court:
1. Upon his being convicted OF a
crime punishable by imprisonment in
the penitentiary.
2. When any judgment il rendered
against him for money collected by
him as an attorney and retained by
him without any bona fide claim there
to or to any part thereof.
Section 2. That an attorney-at-la,y
may be disbarred or suspended at the
discretion Of the court, upon its bang
Dund by a jury that he has oeel
guilty OF any conduct in the practice
OF his profession involving wilful de-
ceit or fraud.
2. That he has by himself or an
solicited professional business.
3. That he has himself settled or
assisted in the settlement of any ma,
ter with the adverse party, after no
tice of the employment by said adyers
party OF an attorney and without tn
consent Of such attorney or advisory at
Section ). Proceedings for the dis
barment or suspension of an attorney
under this act shall be instituted anc
prosecuted only by the committee on
OF the North Carolina Bar
association.
Section 4. The accusation as rorm,,-
'ated by the committee on grievances
u said State Bar association shall he
signed by the chairman of said com
nlttee, and attested by the secretary
said association, accompanied by the
written affidavit of any person or per
sons who make charges against such
If any, duly verified and So
ing forth the facts upon which III
may be based, and shall be dc
iVered by the secretary of said assu
or by the chairman of said COZ,
to the solicitor Of the judicla
district in which such attorney re
ldes, and thereupon the said solicit
or shall draw up such accusation.
ltlng the accused to appear before the
uperior court of the county in which
e resides, or in some adjoining coun-
y thereto, on a day. named therein.
nd moving the court for the disbar-
lent or suspension Of such attorney,
have the same served by the !
herlH OF said county by delivering q !
.py thereof To the accused, md ln. !
thereof, with the return Of tn :
herlf, shall be delivered to the judge
the court of the district. !.
Section 5. That the Judge OF said !;
lper1or court must, if of opinion that .
he accusation would, if true. warrant, 4,
lie dlsbarment or suspension OF the >
ccused attorney make an order re- :
dlFlng the accused TO appear ard an
Eer the same at a specified day dur
lg the next term of said court IN
hlch the proceeding is instituted, o. !
any other time when the court can I
ear and determine the same. a copy o Z
hich, together with a copy of tn. @
'cusation must be duly served uuo,
lie accused as aforesaid: Provided
hat if such order is made as muca a
ten days before any term of said F
'urI such accusation must be made u
and be heard during sucn III
rm' unless continued for good cause q
: said u upon such terms as it n
ay impose, and If such proceeding ID
begun less than ten days before a W
nm OF such cOurf IL shall stand Tor d.