Opinion
No. 28-69
Opinion Filed June 2, 1970
Attorney and Client — Disciplinary Action
Overzealousness in pursuing client's interests, leading to a conviction of attorney for a felony involving an intended extortion, was an excess which indicated an unfitness to practice the profession of law and warranted disbarment. 4 V.S.A. § 844.
Proceeding on a presentment for disbarment. Holden, C.J., presiding. Committee report accepted.
James M. Jeffords, Attorney General, and Louis P. Peck, Assistant Attorney General, for the State.
Eric A. Schuppin, Essex Junction, and Natt L. Divoll, Bellows Falls, for Defendant.
Present: Holden, C.J., Shangraw, Barney, Smith and Keyser, JJ.
Following disposition of the appeal in State v. Harrington, 128 Vt. 242, 260 A.2d 692, a presentment for disbarment, previously filed against this respondent, was brought forward and a committee appointed, pursuant to 4 V.S.A. § 844. The findings of that committee report the conviction and sentencing of the respondent for a felony involving an intended extortion, as reported in the case already cited.
The committee also found that the respondent's personal reputation as an ethical and truthful attorney was good, and that he had never previously been subject to any disciplinary action. It is unmistakable that it was the judgment of the committee that the respondent's overzealousness in pursuing his client's interests led him into criminal conduct. This is an excess which indicates an unfitness to practice the profession of the law, and the committee so found.
We accept the report of the committee. Judgment that John B. Harrington is removed from the office of attorney and counsellor at law and solicitor in chancery and his name is stricken from the rolls.