Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-06-08
albuquerque Attorneys Found
Guilty by Judge Pope Of
Having Used Confidential
Information Against Client
FABRICATION CHARGE
FALLS TO THE GROUND
Senior Member of Firm Con-
Vcted of Haying AcquieSced
in Publication Of Misleading
Article in Newspaper,

SPECIAL DISPATCH TO ses"lNe JOURNAL
Santa Fe. June Judge William
II pope Of the United States district
court this afternoon handed down
his decision in the disbarment pro-
.eedines against owen \. Marion and
Francis f. Wood, of Albuquerque
members of The firm of Marion q
wood The accused attorneys We're
both found guilty OF the charge of
using information obtained by reason
Of their employment by Mrs. Petra G.
Garcia for the purpose of stirring mp
litigation against the estate of Elias
Garcia. IL which she was the sole
beneficiary. and Mr.. Marion was
found guilty of acquiescing in the
publication OF a misleading newspa-
per article regarding a supplemental
opinion by Judge Pope in the Garcia
ease. on the charge of completely in
the fabrication of letters used in EVIL
dence in that case, or of introducing
such letters in evidence knowing them
To be fabricated both respondents
were acquitted.
The Judgment provides for the sus-
pension of each Of the attorneys from
the bar and practice OF the federal
court for period of two years, the
suspensions to run concurrentlY. Both
the respondents, il is stated. will APP
peal from The judgment Of Judge
pope, but il is understood that the
Judgment of suspension will not he
superseded pending their appeal
Judge Pope handed down an OK
tended opinion at the same time that
the Judgment was rendered the opin-
ion being as follows.
Opinion of Court.
81. 1t is clear that the firm of Mar
ron Wood were. as alleged. em-
ployed by Airs Petra q. Garcia in
July 1910. and within a few days af
ter the death of Elias Garcia This
conclusion is reached solely upon
what has emanated from The respond
en.s and without taking into consid-
Grafton anything on this point pro-
ceedns from other sources. The an
sWef Of the respondent to the present
proceeding in effect admits this em-
ployment The complaint in a suit
for fees filed in the district court of
Bernahllo county October IS, 1910,
by the firm of Marion 4 Wood against
Petra G. Garcin alleges services. The
testimony Of respondent Wood in that
case, introduced in evidence here. is
unQualfiedly To the same effect, and
the testimony Of the same respond
ent before the court IN the present
case shows this relationship between
the firm and Mrs Garcia. The claim
by respondent Wood that the above
mentioned suit OF Marion 4 Wood
vs. Petra G. Garcia, although in form
was one for fees, was intended in
reality as SANDER suit against Mrs.
Garcia, fans far short OF mitigating
the situation, especially in view of the
fact that the complaint is verified as
suit for fees by respondent Wood.
With this relationship of attorney
and client existing between respond
ents and Mrs Petra q. Garcia in July,
1910, respondents received as a re-
suit Of such employment and in the
course of consultation hereunder
certain Information to the effect that
woman living in salt Lake City and
Claiming TO be the wife of Elias Car
ca was likely to make claim ieop-
ardizing the whole estate. The rep
resentaton Of Mrs Garcia by Marion
Wood terminated about August |,
4SlVi but the confidential information
MHich they possessed as a result of
me brief employment, and especially
upon the point above named still nee
eSsafliy remained with them. On Au-
gust 10, 1910, the possession of this
Information led to their advertising in
newspaper in Salt Lake City, the
pace that had been named to them as
'ne residence of this claimant, in
Ml'n'h advertisement there was an in
"atlon 10 Mrs. Elias Garcia. the
we u Elias Garcia, of Albuquerque,
~ A., 70 call. A person claiming to
'e within the description responded
/" me advertisement and contracts
'Nt'h INTO ny respondents 10
arpfesent her and her infant child.
i'ns was followed by litigation on be-
nav Of that child in the above-men-
u0hed cause, No. 202.
Conduct Uncthical.
lhls 1t came out that confidential
niofhHtlion received by respondents
uu'ihg their employment was used by
~" 20 procure client adverse to
p" employment. This was purely
e'iii'ai Information so received is
'u 70 the employment to which It
e. 'aiiis' and to permit it to be used
~, 'ne interest of another or. worse
~ N the interest of the adverse
10y Is to strike at the element Of
i'uence which lies at the basis of
~ 'llords the essential security in,
tehlloh Of attorney and client.
r., respondents seek to meet this view
,ba. f matter upon the ground. first,
br, 'hey IN 1912 and before the
o,.as Of case No. 2o2, asked the
on Of the attorney who had sue
a. them in representing the Gar
,' estate in the probate court as 10
,.e'ner that attorney objected to re-
nh, 'S bringing case No 202. and
'tttuer The .ttue-,,.