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211b. When, debarred in discretion of court. An attorney at law may be disbarred or suspended at the discretion of the court: 1. Upon its being found by a jury that he has been guilty of any conduct in the practice of his profession involving wilful deceit. or fraud.

2. That he has by himself or another solicited professional busi

ness.

1907, c. 941, ss. 2.

212. Failure to account to client. Whenever a final judgment has been recovered against an attorney at law for property received or money collected for his client, the clerk of the court shall retain such cause on the trial docket until the next term of such court beginning not less than ninety days after the rendition of such final judgment. If such judgment be not then satisfied, the judge presiding shall make an order, which shall be entered on the records of the court, for such attorney to show cause, at a time and place to be named in such order, and upon the return thereof may make an order debarring such attorney at law from practicing law in any of the courts, and he shall thereby be debarred from so practicing. When any such judgment shall be rendered in the court of a justice of the peace, and it is thereupon sought to debar an attorney at law under this section, the cause shall be docketed on the civil issue docket of the superior court, and written notice. served on such attorney ninety days before action by the court. Code, ss. 24, 25; 1881, c. 129. [This section was not expressly repealed by chap. 941, Laws of 1907.] See famous case under former statute where attorney collected money for client, got drunk, but swore he never used it: Kane v. Haywood, 66-1. Demand before suit brought must be made on attorney for money collected, unless attorney was unauthorized: Bryant v. Peebles, 92-176. Attorney collecting money for heirs can not defend on ground that it belongs to administrator: Means v. Hogan,

37-525.

212a. Proceedings instituted by bar association committee. Proceedings for the disbarment or suspension of an attorney under sections 211(a) and 211(b) shall be instituted and prosecuted only by the committee on grievances of the North Carolina state bar association.

1907, c. 941, s. 3.

212b. Accusation formulated and sent to solicitor; served on accused. The accusation as formulated by the committee on grievances of said State Bar Association shall be signed by the chairman of said committee and attested by the secretary of said association. accompanied by the written affidavit of any person or persons who make charges against such attorney, if any, duly

verified and setting forth the facts upon which the same may be based, and shall be delivered by the secretary of said association or by the chairman of said committee to the solicitor of the judicial district in which such attorney resides, and thereupon the said solicitor shall draw up such accusation, citing the accused to appear before the superior court of the county in which he resides or in some adjoining county thereto, on a day named therein, and moving the court for the disbarment or suspension of such attorney, and have the same served by the sheriff of said county by delivering a copy thereto to the accused, and the original thereof, with the return of the sheriff, shall be delivered to the judge holding the court of the district.

1907, c. 941, s. 4.

212c. Judge may order accused to appear and answer; returnable and trial had, when. The judge of said superior court must, if of opinion that the accusation would, if true, warrant the disbarment or suspension of the accused attorney, make an order requiring the accused to appear and answer the same at a specified day during the next term of said court in which the proceeding is instituted, or at any other time when the court can hear and determine the same, a copy of which, together with a copy of the accusation, must be duly served upon the accused as aforesaid: Provided, that if such order is made as much as ten days before any term of said court, such accusation must be made returnable and be heard during such term, unless continued for good cause by said court upon such terms as it may impose; and if such proceeding is begun less than ten days before a term of such court, it shall stand for hearing at the succeeding term unless the court shall order otherwise.

1907, c. 941, s. 5.

212d. Answer, what contains; verified. The accused attorney may answer such accusation either by objecting in writing to its sufficiency or by denying the truth of the facts alleged, or setting forth the facts of his defense, which said answer as to facts by denial or otherwise must be in writing, signed by the accused and duly verified by him; and thereupon the accusation, objections and answer are hereby made a part of the records of said court as in other civil actions therein pending.

1907, c. 941, s. 6.

212e. Trial; special finding of facts; judgment; trial stopped if attorney surrenders license. If the accused pleads guilty or fails or refuses to answer the accusations, the court must proceed to

judgment of disbarment or suspension; and if he answers the accusation, the court must at such time as it may appoint proceed to try the same. The jury or judge finding the facts must make a special finding of the facts upon issues of facts submitted to them, and the court must, upon such facts found, thereupon render judgment of acquittal or of disbarment or of suspension, as such facts may warrant: Provided, however, such accused attorney may at any time stop or prevent the prosecution of said proceeding by a surrender of his license as an attorney at law, and record of such surrender shall be made in the supreme court of the state.

1907, c. 941, s. 7.

212f. Solicitor prosecutes; court may require bar association to secure costs. The proceeding must be conducted in the name of the state, and in all cases the solicitor of said district shall appear and prosecute such accusation and be responsible for the faithful discharge of such duty or of other official duties required of him by law, and he may be assisted by other counsel: Provided, however, the court may, upon the motion of said solicitor, and upon good cause shown at any time, require the North Carolina state bar association to give security for the costs of such proceedings, to be approved by the court within ten days after notice thereof, and the hearing of said cause shall be postponed for that time unless such security be given.

1907, c. 941, s. 8.

212g. Appeal. Either party may appeal to the supreme court of North Carolina from an adverse judgment rendered by said. superior court in the manner now prescribed by law for appeals in civil actions.

1907, c. 941, s. 9.

III. RELATION TO CLIENT.

213. Authority filed or produced if requested. Every attorney who shall claim to enter an appearance for any person shall, upon being required so to do, produce and file in the clerk's office of the court in which he shall claim to enter an appearance, a power or authority to that effect signed by the persons or some one of them for whom he is about to enter an appearance, or by some person duly authorized in that behalf, otherwise he shall not be allowed so to do: Provided, that when any attorney shall claim to enter an appearance by virtue of a letter to him directed (whether such letter purport a general or particular employment), and it shall

be necessary for him to retain the letter in his own possession, he shall, on the production of said letter setting forth such employment, be allowed to enter his appearance, and the clerk shall make a note to that effect upon the docket.

Code, s. 29; R. C., c. 31, s. 57 (16). As to whether appearance special or general, see section 356. An appearance by attorney without authority is regular upon its face and binds clients in some cases: England v. Garner, 90-197; Allen v. Allen, 44-60; Williams v. Johnson, 112-424; see Harrill v. Rwy., 144-542. Attorney once appearing, continues until judgment satisfied, unless relieved by court: Ladd v. Teague, 126-544; Branch v. Walker, 92-87; Newbern v. Jones, 63-606; Walton v. Sugg, 61-98. Client not allowed to dispute attorneyship two or three years after judgment, after acquiescing in and getting benefit of services: Ladd v. Teague, 126-544. Letter conferring authority upon attorney, requirements of: Day v. Adams, 63-254; Arrington v. Arrington, 102-491. Attorney is agent of client and an act exceeding authority is binding when ratified: Christian v. Yarboro, 124-72. Whether a person is attorney for another is a question of fact: Alspaugh v. Jones, 64-29. Attorney can not appear on both sides of adversary proceeding: Marcom v. Wyatt, 117-129; Arrington v. Arrington, 116-170; Gooch v. Peebles, 105-411; Cotton Mills v. Cotton Mills, 116-647. Parties about to acquire rights under judgment need not inquire as to authority of attorney in case: Williams v. Johnson, 112-424. Where attorney of record opposes motion of his client's attorney under seal, see Newbern v. Jones, 63606. The fact that attorney misunderstood his authority and signed an agreed statement of facts without any authority is no ground to set aside judgment: Harrill v. R. R., 144-542. Motion by defendant's attorney claiming authority to strike out name of a plaintiff, plaintiff's attorney objecting, clash as to authority, see Petteway v. Hinsdale, 64450. Case where one attorney employs another, see Rogers v. McKenzie, 81-164. Client bound where associate attorney receipts the judgment: Ibid. Demand for power of attorney must be made before attorney has been recognized in order to be in apt time: Reece v. Reece, 66-377. Effect on the judgment where a lawyer was marked as attorney, when no authority, reviewed in Koonce v. Butler, 84-221. Power of attorney given by married woman to dismiss action concerning her land need not be registered: Hollingsworth v. Harman, 83-153. Solvent attorney appearing without authority, judgment not set aside: University v. Lassiter, 83-38. Attorney, without authority, can not compromise case: Moye v. Cogdell, 69-93; Lewis v. Blue, 110-420; but see Locheimer v. Weil, 113-181. Attorney can not collect debt except in money without authority: Moye v. Cogdell, 69-93; Bank v. Grimm, 109-93. Where attorney transferred for value a bond which his client had endorsed in blank and delivered to him for collection, transferee protected: Bradford v. Williams, 91-7. See Sherrill v. Clothing Co., 114-436; Hines v. Butler, 38-307; Earp v. Richardson, 81-5. Client bound by acts and agreements of counsel in management of his case: Greenlee v. McDowell, 39-481; Beck v. Bellamy, 93-129. Power of attorney may be revoked by parol: Brookshire v. Brookshire, 30-74. Where minors were represented

in partition proceedings by attorney without authority: England v. Garner, 90-201. Attorney can not accept service of summons: Starr v. Hall, 87-381. In lunatic's suit by next friend, question whether power of attorney given to defendant by plaintiff to dismiss suit is valid: Smith v. Smith, 106-498. Appearance by attorney though unauthorized gives jurisdiction: Hackett v. McMillan, 112-513; Williams v. Johnson, 112-424. Associate counsel of city attorney may continue in case after resignation of city attorney: Wilmington v. Stolter, 122-395. Attorney can consent to judgment and client bound: Hairston v. Garwood, 123345. Attorney can not have debtor arrested without special authority: Moore v. Cohen, 128-345; West v. Grocery Co., 138-166.

214. Failure to file complaint makes attorney liable for costs. When a plaintiff shall be compelled to pay the costs of his suit in consequence of a failure on the part of his attorney to file his complaint in proper time, he may sue such attorney for all the costs by him so paid, and the receipt of the clerk may be given in evidence in support of such claim.

Code, s. 22; R. C., c. 9, s. 5; 1786, c. 253, s. 6. Attorney can not sever from client without notice: Gooch v. Peebles, 105-411. Courts can order attorneys to pay costs where guilty of gross negligence: Robins ex parte 63-309.

215. Fraud renders liable for double damages. If any attorney shall commit any fraudulent practice, he shall be liable in an action' to the party injured, and on the verdict passing against him, judgment shall be given for the plaintiff to recover double damages.

Code, s. 23; R. C., c. 9, s. 6; 1743, c. 37. Attorney can not appear on both sides: Marcon v. Wyatt, 117-129; Cotton Mills v. Cotton Mills, 116-647; Arrington v. Arrington, 116-170; Gooch v. Peebles, 105-432. Fraud presumed where attorney gains advantage of client in trading with him: Egerton v. Logan, 81-172. Case where lawyer collected client's money, got drunk and couldn't tell what went with it, but did not use it: Kane v. Haywood, 66-1.

IV. ARGUMENTS.

216. Number of speeches; judge limits time. In all trials in the superior courts there shall be allowed two addresses to the jury for the state or plaintiff and two for the defendant, except in capital felonies when there shall be no limit as to number. The judges of the superior court are also authorized to limit the time of argument on the trial of all actions, civil and criminal, except in capital felonies, but in no instance shall the time be limited to less than one hour on each side in misdemeanors, or to less than three hours on each side in other causes. Where any greater number of addresses or any extension of time shall be desired,

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