New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1916-09-29
DECISION BY JUDGES HANNA
PARKER AND NEBLETT
SUSPENDlNG BOTH FOR
ONE YEAR
FOUND GUILTY
ON Three CHARGES
LENGTHY OPINION GOES
INTO DETAIL ON NINE AC-
CUSATiONS BROUGHT BY
BAR ASSOCIATION AND AT
TORNEY GENERAL

The state supreme court in un
animous opinion, written by Associ-
ate Justice r. II. Hanna, suspended d
from practice in the state courts Tor
a term of one year State Treasurer
o. N. Marion and his law partner
Francis f. Wood, for reasons APP
parent from the syallabus by the
court, the proceeding being one for
disbarment upon an accusation CON
tainting nine specifications. This
follows upon suspension from the
federal court practice after hearing
before the late Judge w. Fl. Pope.
The syllubus and opinion of the court
follows:
Syllabus by the Court
l. An attorney at law, having in
his posscssiin a copy or duplicate of
an original contact, the contents Of
which are material to the determina-
tion of the issues in case, who con-
ceals the same and replies, when cali
ed upon by opposing counsel to pro-
duce it, that the contract was not in
his control, when, as a matter of fact
inc SdIu CohttdCt Is dt tHdt tlIie
where it has been concealed by him,
is guilty of unprofessional conduct
and subject to reprimand. there
lore.
2 An attorney at law who offers
in evidence on behalf of his client
an alleged release as constituting
valid and admissible evidence of pay
ment and discharge of the cause of
action against his client and who
moves to instruct the jury that said
release constitutes valid and suf-
ficient defense on behalf of his client.
when in truth an din fact the said
release was not a valid and law
ful release. discharge or satisfaction
of the claim, all Of which was then
well known to the attorney. is gnil-
ty of unprofessional conduct in the
practice of intentional deceit of the
trial court before whom the cause
was then pending, and by reason of
said conduct is subject to suspension
from practice IN the courts.
). Attorneys at law accepting en-
ployment from one client and in the
course of such relations gaining in
formation adverse to the interests of
such client, which, after the termi-
nation of such emnlovment. is used
tn secure the employment of such at
tnrnevs by the person in such adverse
rcla tions to the former client, de-
serving of suspension from practice
before the bar in the courts OF this
state
Opinion of the Court
There are nine specifications in the
accusation filed against the respon-
dents. The first specification is to
the effect that in certain civil ac-
ton pending in the district court of
Rernaillo county said respondent.
Francis E. Wood. having then and
there in his possession a certain copy
or duplicate of an original contract,
the contents and purport of which
were material to the determination
OF the issues Ill said cause, concealed
the same beneath a b'Ottcr in the
office of the clerk of said court and
when, afterwards, he was requested |
by counsel for the opposite party
to produce his said copy Of said CON
tract he replied in substance that
the contract was not in his pos
session or custody or under his con-
troll, when as matter Of fact the |
said contract was at that time re-
naming where it had been conceal |
ed beneath a blotter in the office
of the clerk OF the district court.
1t is contended by the respondent |
Francis E. Wood, that this copy of |
the contract was not material to the !
ISSUES in said cause, and that there
tore his conduct was not subject to
criticism. It is urged by the attorney
however that regardless of |
the materiality of the said document
in the trial of the issues in said cause,
the conduct of the said respondent,
Francis E. Wood, was reprehensible
to the same degree as if the docum-
ent were material and necessary to
the trial of the issues in said cause.
With this contention we fully agree.
The conduct OF the said respondent
in concealing the paper from and
deceivIng the court and opposite
counsel by statements BORDERING up
on. if not amounting to actual false-
hood. is certainly unbecom're a
member of the legal profession.
The court therefore finds that said
Francis F. Wood in the particulars
mentioned has been
guilty of unprofessional conduct re-
ouiring punishment at the hands of
the court
1t is. therefore. considered, order
ed and adiudeed by the court here
that Francis f. Wood. by reason of
his said conduct. is deserving of the
reprimand of this court.
The second specification of the ac-
cusation is to the effect that the re-
spondent Francis F. Wood. while en-
gagged as counsel fo1 the defendant
III the trial of certain cause before
the district court of BernaliIIo coun-
ty in which Ernest Meyers was
plaintiff and the Meyers comoany.
INCORPORATED, was defendant offered
IN evidence ON heha1f Of the defen |