Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-01-24
LIST OF SUPRE M E
COURT DECISIONS

In the the matter of the proceed
ings looking to the disbarment of
Isaac Barth. No. 1885.
This is an original proceeding ON
an accusation against Isaac Barth
for disbarment, filed by the attor-
ney general of the STATE, in accord
ance with the recommendation of
the state board of bar examiners,
under and and pursuant to the pro-
visions of chaper s, code 1915. The
hearing was had first upon the
first amended accusation and the
answer thereto, The court heard
all the witnesses, except Sam Davis,
witness for the state, whose tes-
timony was given by deposition.
The said amended accusation con-
tanned nine counts, each charging
said Barth with unprotessional
conduct, subjecting him to disbar-
ment or discipline if the same had
been established to the satisfaction
of the count, by the evidence adj
duced.
The court finds that the actions
of the accused in this transaction
clearly established guilt under the
third, fourth and seventh counts of
the accusation requiring his dlsbar-
ment, which is ordered by the
court.
Third, Fourth and seventh counts.
Third count it was charged, that
respondent induced Mrs. Jeanette
w. Flournoy his client, to assign
to him the sum of $4,000, due her
from the estate of her deceased
husband and after collecting the
same that he refused to account to
her for the same, or to pay such
money over to her.
Fourth count charges that re- !
spondent failed to pay over TO Mrs.
rlournoy. his client, certain other
moneys which he had collected. be- |
longing to her, and that he appr0-
prlated same to his own use; that
his client was compelled to employ
an attorney to attempt to secure
from his a settlement and the pay
ment of the moneys due her.
Seventh count charges that re-
spondent represented Sam Davis, !
assignee of Mrs. Flournoy, as at
torney, that he collected for Davis,
as such attorney, the sum of 5000 |
from the estate of NJ. w. Flournoy, |
on the 18th day of October, 1871 |
that he appropriated the same to |
his own personal use and falsely |
advised his client that he had not
been able to collect the money due
under the assignment.
syllabus.
1. Where an attorney at law,
who is representing a beneficiary !
under a will, induces his client to
assign to him an interest III such !
legacy, under an agreement on his !
part to account for the same as
soon as it is collected, and thcreaf-
ter collects such interest so as
signed, and appropriates the same |
to his own use and fails and re-
fuses to account for the same, such |
attorney is guilty of unprofessional |
conduct which requires his dlSDaf-
ment.
9. Where an attorney at law col
lects money for his client, and de-
ceives such client as to the fact of
having collected the same, and ap-
propriates the same to his own use,
he is guilty of unprofessional con-
duct which requires his disbarmeht'
No circumstances in which an at
torney may be placed will warrant
him in appropriating TO his per
sonal use the funds of his client,
or justify him in falsely stating tnat
such funds are not in his
hands.
8. An attorney has no right TO
deal with his client in regard to a
matter which has been placed in
his hands for attention unless the
client is fully advised as to all his
attorney knows in regard to the
Opinion by Justice Roberts, Chlet
Justice Parker and District Judge
Reed Holloman, concurrlng, an
bounced January 81, 1920.