LAW REPORTS,

Dominion, Volume 4, Issue 951, 19 October 1910, Page 3

LAW REPORTS

COURT OF APPEAL

DIGNITY OF THE PROFESSION

SOLICITOR IN TROUBLE

o A motion, which lias beon-before the empremo Court on more -thaii. one. occasion, to strike the .name of John James Patterson off the roll of barristers and solicitors, reached the Court of Appeal yesterday. The Chief Justice (Sir Kobert. Stout) and Justices Williams, Ed-' wards,; Cooper, and Chapman were , on the Bench. The Hawkn's Bay Law Society,' as plaintiff, was represented by Mr.. A. Gray, and ■ the defendant by Mr. C. P. Skerrett, K.C., and Mr, 11. I'. -Johnston. : .' ■■■ ■ ..

■ Patterson-, carried on business as a solicitor at'Dannevirke, and also as money-lender, sawmiller, "storekeeper, and.'ilaxmjller, at Dannevirke and elsewhere. Hβ was adjudged bankrupt on August 21, 1908, on. his own petition, and .subsequently, 'as the result of proceedings initiated by the Deputy-Official Assignee, lie was convicted of failing to keep propor'.books, not delivering up. all books,•'. and mutilating books, both before- and after the bankruptcy, and was sentenced to two mouths' imprisonment. ' When the motion to strike the. name off ..the rolls was .before - the Supremo Court, .in 'September, 1909; a .rule, riisi It came, again before Mr. Justice Chapman last, August, and was reserved:by him for the: Court .of Appeal,, his. Honour: stating- that sufficient explanation had ' not • been '. given concerning 'the destruction ;of the books'by a fire on January 2; 1909.:'■.' ■■:'■.' ' . .'.''■ -■'■.'•'. New Evidence. . -...;''.;.-.■'. ... Fresh afßdavitsyabout the, fire were sworii , prior 'to-, yesterday's sitting' of. the Court of Appeal,'.-. -.' ■-'.'. , ;- ,; '.; Norman' lipslie Gurr, of- Dannevirke,' in his "affidavit, , said'that after the: fire in .Patterson's office! he ''examined the place: in'company .with'PolicerSergeaufr They.-found sorue. books: ;and :papers..>u)idaniaged 'and' sonio' only: •.charred,, but.tliey found-no:trace,of any,: ■account"books:, A:/;,;^.v. "■'.':'.-;';'-' \"f.,' ■; :\", '.:■;■ An'affidavit by Joseph Keane. confirm■ed:tho ■latter'.statement.'.;'•'-.;.;. '< •:., ..; \ :: Patterson,, in; his 'fresh. .affidavit,;

stated,' inter alia'i that by .tho ; fire hes .lost'.a great munber, of ..law- books and .other .books,; and ''his wig I and .'gown,; and papers .'which were '.do-'

;str6yed'by...ftie, and'Avatcr, 'ljpsides his account books, '-.•: He '.■'■•estimated...that','.it :woukl' talre : make'.gcod.; :ihe;: ;3aniag6" ; ddne. ; ',■'■•'■;■•;!■■•'. ''''';':' ; ; ; • ■.''' •: V.:\-:--' : -;rAVMan;of;Many'Tra'|(es,.V'.;''.:;'.';.;'. : .|Mr./Skerrett• said' that>,. ; Patterson's .business'as; a'solicitor w.as..a, Y.er.y.srnall. pne;.:and\the main,part of.his trans-!actioiis-,.\yas'':<!p'iin6e'_ted \with'his .inter- : ests ■ in- many. ;I pther.f businesses.'. cNo' cliaige of'■ profeysionali misconduct' was :Uiade...or;cvoiv. suggested,, aid .there .was li'o .charge-'of :misappropriation'..of, any .client's.: money, nor \of .'• any .■.indebted-. risss.it'p .a,client.;:;Thc..charges; : :related, to "Patterson's. ,conduQt'. in./ .cpniipctioi) , with'the :.yaribus, I busiiiesses;ap,art v .fr6ni ■Ms .practice as, a..solicitor, ■and dounsol ■submitted;tliat he was>ot guilty of aiiy : moral.mTsconduct. in' , .those' businesses.. Nothing was'suggested'!iiv, that fcp'nhectiqn/except neglect, 'and he was relioved of aiiy.'intoatipn to defraud; "Tlie cliargd'; on 'wl&h he had been convicted did ript involve , anything-iiriore' than; failure /.or rieglectj- :lt;-.was. ■..nothirigi.moro.ythan-, defaultorithe part of Patterson, ..or. probably the accowitarit.h.e.einpr i ived.;.V ";r:> : j,'':;V--The ;Missihg ! 'Bboks.^: j :.: .V'' ; ;.'Ki '■■. Qbing into the;.question of _the-;;der structipri of the books, counsßl,said;tti'at Patterson arranged! forfa .-compToriiise with liis:credit<jrs':on the 'basis of paying them 12s/6.d. in 1 the-£.; f Mr. Justice Cooper was'asked- to. sanction.that Arrangement, "tain 'creditors '."iiidv by the:Official-'.A'sf signee.... Ik ..the proceedings ; ;l)eifore Mr. Justice' Cooper it was not disputed that "tie*.transactions between'-' th'o l bankrupt and ,Dr. Patterson'. and :between ■~ the bankrupt and his ■sister were plain! and ■•■ "• v :.:■: ''. : ■<. \ Mr.'. .Justice ..Cooper: .-.Tbai, was y not : 'disputed,, but .• the ■ .evidence of Pattcr- i .spn.aricl the documents^befpre.me ed-;that those, transactions .were of. a very;'Biiigular 'character:..-;', i "y !•■ ■■~:'. i;Mr. ■'Sforrett to : ,say> tliat : ,Mri-■ Justice Cooper- 'on' /that 'occasion asked for 'nipro information, and in the interval,, before the case came; on again, a.fire occurred,-, in, wKich.;Patterson' said: .the account .books he kept as .a" solicitor were.destroyed./ Coiinsel. could see'-.no; Tfiasrjn ;whr the; 1 bankrupt slipuld;,wish r ■•to' , 'destroy- those books., v ,; '■ -.■ ■.. i;; ■;■.:

'"'■ ■ Mr; Justice' Cooper ..remarked:.' that .the-examinatiou before' himself .showed ;that; Patterson- did not,clearly,-;remem-ber:!his' own affairs. '.' ■';'.; ■'' . ; . '■' ... .• '••' Mγ;'' Sken-ett:. He: is, certainly, a ■ very, ■'peculiar.'' man. He'. shows.'remarkable 'v'igpur. in'i some respects .and incorrigible .laziness in' others..'.'' ' ' '~-",,;,,.,; i.Mr.jJustice..Cooper: Hβ only haS'onis ■leg,'; you ;know. -y\ ■';' \ : , ; ;■-■-. ; ■ Mr.-Skerrett: .It has been'impossible ■:tp: get .'himi tb.go. carefully; into, things; interest,';.. : .' ; .;., . '■■'■■ ':,, • MK' 'Justice'i.Edwardsv.lt. would;re-' quire- a.Very large receptive.,capacity ;to. believe- that the. books' Patterson" kept risra^olictior'wefevreally'-burnt. ,-'. • : - J' iMt.' : ;Justice'• Cooper: He does .not. seem;;to ; have'.been .'morally- guilty of 'any : ':" . : ■ ;■■ ■". ■: ;.' ;. 'Explanation. y>f. -■ ::■'• '] /Mr. Skerrett further; subniitted, that the alleged'mutilation : -of'somo^bobks,' : .by ; tearing out leave's '.'was of. no siguifi: bailee:.- '-~All but 1 oho'or two of. -the leaves had .been produced, and they, containei'udthing'important;", The.-Court liad hot. sufficient, material to .decide that the-:fire.'wiis ; a .\vilfulact on' Patterson.:'::: '■ ' .'"..- ; v.!i '' .;, .•'...-.

l . The Chief,'. Justice . remarked y that; Cruickshank .and ..Gurr ■ reported ,that. they saw nothing. suspicious about: the: fire, but iwasit Hot'.the fact .that the books were not.burnt, and that Patterson ' still had, possession of them ?■'.■. . ■•; Mr.'Skerrett: ,It.'is : submitted 'that the Co'ui-t is not 'iri/a'ppsitio'ii to determine .the mattor.. r;W .■;..'-,"' .■ ■'■,;:■-.•..

■'■'. Mr.-, Justice' Cooper pointed 'out 'that Mr/ Gurr 'had: repeatedly, asked Patterson to .send all-the books to Him ! (Gurr), so vthat.'he could supply/ the infornia'tioirasked for by.Mr: Justice Cooper. Patterson did .not send the books, and tnen : the 'fire occurred at liis- office.'' V '

': ' Mr. Slie'rrefct' said.Patterson's explanation was that ho wanted the books; to get from them .the. information asked for by Mr.'-Justice Cooper. Mr. Ostler, who had appeared in" the matter, had 'asked- him to supply .the. information. Couusel submitted ; tliat bankruptcy was not suifficient ground: for striking a solicitor off the rolls. The only thing outside his professional character for which he , could be struck off was. moral turpitude of .such, g'rossness. as to. suggest that he: was not. fit to-be in practice - Bookmakers and Other People. ' justice Edwards: In one case a solicitor was struck off for being a bookmaker, and it was not suggested that he was not an honest one.. ,' . :".

Mr. Skerrett:'lt. is'generally regarded as a. nefarious profession. Justice , Kdwards: It is not illegal.'

.Mr. Skerrott: I can regard nothing as more, calculated to bring the legal profession , into disroputie i y '.an that tho same man should receive a'diploma from this-Court , , and a diploma from Tattersail's;: ■:;:■;•",.• ■ ■ ■;:■■-■ - ' ■;•' •■■

Mr. Justice Williams recalled a case of a solicitor who was struck off tho rolls for inserting abusive articles in n newspaper which bolbngcd to him; Another, in the United States, was struck off for taking-part in lynching a man outside tho courthouse during tho luncheon adjournment. (Laughter.) ' Mr.' Skerrett, in conclusion, submitted that Patterson had, not been guilty of any sncli turpitude as would justify

striking liim off the.roll. This matter hiicfi beoii-li jiiigiiig. over ..his head for eight 'month's, and that in itself was a severe pimishriient for a man. of liis type. ' :.■■'.■■■:'.'. ' ; Tho Honour.of tho.Profession. . Mr. Gray said it.was that the proceedings :had oxtended over some time, but Patterson had ■■not been iin-dpr-suspension during that period. The' books had not. been.well kept, and Patterson must hc.kl"'accountable for that. His conduct in- connection with the other' businesses outside his len;al practice ivas wholly inconsistent with, tho honour and dignity of. the. profession to'which he belonged. ■ He hiicV admittedly been guilty of no professional misconduct, but ho had rendered it impossible for the Official Assignee to discover what business he was.dqing as a'solicitor. ..The books that should have shown this wero-stated , to, have been destroyed, and yet (counsel submitted) they could not have been utterly destroyed, so as to leave no .trace, by such a-fire, as that which had occurred. :Eurther, the information, required by Mr. Justice .Cooper did not,, and could riot,' have Come"fro'm, those:books,' so that tlie excuse that. Patterson retained 'them :to .'.get that : - 'information must be held to be uuttue; , . ' ;Tlie Cotirt reserved its decisiou: