Legal Opinion · Dissent

Matter of Schwarz

New York Court of Appeals

Decided October 4, 1921Published

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1921, which unanimously disbarred the appellant herein from practice as an attorney and counselor at law. The charges were as follows: That the appellant, contrary to the Appellate Division’s admonition in a former proceeding against him (175 App.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1921, which unanimously disbarred the appellant herein from practice as an attorney and counselor at law. The charges were as follows: That the appellant, contrary to the Appellate Division’s admonition in a former proceeding against him (175 App. Div. 335) has continued to solicit business by the use of improper letters and circulars, and that the appellant has solicited business by holding himself out as a member of the bar of the states of Pennsylvania and…

1Dissent

Pound, J. (dissenting).

The appellant has been disbarred on two charges: First, that contrary to the court’s admonition in a former proceeding against him (Matter of Schwarz, 175 App. Div. 335) he has continued to solicit business by the use of improper letters and circulars; second, that he has in so soliciting business held himself out as a member of the bar of the states of Pennsylvania and Michigan, having offices for the practice of his profession in both of said states, when in fact-he was not and never had been a member of the bar of either of said states and after his application for…

2Cases cited4 opinions

  1. In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
  2. In re SchwarzAppellate Division of the Supreme Court of the State of New York · 1916
  3. Matter of FlanneryNew York Court of Appeals · 1914
  4. In re SchwarzAppellate Division of the Supreme Court of the State of New York · 1921

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