People ex rel. Deneen v. Smith (200 Ill. 442, 1902)

Mr. Justice Cartwright

delivered the opinion of the court:

On February 9,1886, the respondent, Willard C. Smith, was admitted by this court to practice as an .attorney at law. A license was issued to him and his name was placed on the roll of attorneys. Since his admission he has been engaged in the practice of law in Cook county. By leave of court the information in this case against him was filed by the State’s attorney of Cook county, and a rule was entered requiring him to show cause why his name should not be stricken from the roll of attorneys. He appeared and a stipulation was entered into by which the case was submitted for decision. By this stipulation respondent admitted the truth of the charge set out in the information, that on August 10, 1902, he inserted in the GMcago Tribune, a newspaper published in Chicago, and of general circulation throughout said city and a large number of States of the United States, the following advertisement: “Loyal, wealthy atty. guarantees family freedom in month; no advance costs; witnesses quietly volunteered.-—-K. 333, Tribune office.” Another charge contained in the information was waived^ and withdrawn by the State’s attorney. It to possess such a character it is good ground for disbarment.'" “Any conduct on the part of the attorney evidencing his unfitness for the confidence and trust which attend the relation of attorney and client and the practice of the law before the courts, or showing such a lack of personal honesty of or good moral character as to render the same unworthy of public confidence, constitutes good ground for disbarment.” (3 Am. & Eng. Ency. of Law,—2d ed.—302.) “As a good character is an essential qualification for admission to joractice, he may be removed whenever he ceases to possess such a character.” (4 Gyc. 906.) It was agreed by the stipulation that the professional character of respondent had never been brought into question prior to this charge. That fact would be important and relevant to the question of the truth or falsity of the charge, but it is admitted by respondent that the charge is true.

We are of the opinion that the admitted facts clearly show such a lack of good moral character and such unfitness for the practice of law that the rule must be made absolute, and it is done accordingly.

Rule made absolute.