The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1912-03-12
Lawyer Disbarred.

Holding that any attorney or counsellor
at law who obtained sums of money from
his client upon the representation that he
had instituted divorce proceeding when
In fact he had not fled any such petition
is not fit to practice law, the Supreme
Court in an opinion filed on Friday
ordered that Spencer Simpson should be
disbarred from the further practice of law
In this State.
The syllabus of the opinion follows:
An attorney or counsellor at law who
obtained various sums of money from his
client monthly for a period of eight
months upon the representation that he
had instituted a divorce proceeding tor
his client, and that it was pending, and
that 1t was being prosecuted regularly,
and would come on for hearing in due
course, when in truth and In fact he had
not filed any petition or bill for divorce,
or commenced any proceedings incident
thereto, except to have his client swear
to petition which was never actually
fled should be disbarred."
The evidence produced before the court
showed that Edna May Glass was the wife
of ]. Warren Glass, from whom she had
separated. She heard that her husband
was dead. Thereupon in June, 1905, she
married William j. Higgins. In the fal
of 1905. Mrs. Glass heard that her husband
was alive and living in Burlington county
In March, 1905, Higgins and Mrs. Glass
consulted Counselor Simpson. His advice
was that divorce should be procurea and
then Mrs. Glass could remarry Higgins
Simpson was given retainer of SIS to
institute the proceedings. He Immediately
prepared petition and said that he would
see Mr. Glass in Burlington. March z,
RI hat
matters were all right but to say nothing
and to tell Mrs. Glass to go over to River
ton to swear to the papers.
The woman did this and Simpson said
that he would go to Trenton on the fol-
lowing Tuesday to file the petition. The
court In its opinion says that this was
never done but that subsequently, he
obtained from Higgins for services and
expenses monthly sums of money for a
period of eight months aggregating $50 In
addition to the original retainer of sis.
The court holds that Simpson obtained
this money from Higgins upon his false
representation that the divorce proceed
ings had been Instituted
The opinion further says that the Glass
case Is not the only one in which Simpson
has offended. An examination of the
testimony relating to several other charges
showed the court other instances in which
the lawyer had obtained money from
clients for which no adequate service was
rendered.
These circumstances, the court held,
pointed out the imperative necessity of
prompt and effective action.
The opinion concluded: while we
regret the necessity. we feel constrained
to strike the name of Spencer Simpson
fr1m the roll of ATTORNEYS and councillors
of this court. Let the rule be entered
accordingly"
Mr.. Simpson has no appeal from the
disbarment order entered against him by
the Supreme Court. Eminent local law
yers SO declared when their attention was
called to a declaration by Mr.. Simpson
that he would carry the case up. The
Supreme Court is the judge of its own
officers and its decisions in disbarment
proceedings are final. The body, however,
can rescind its action at any time.