[No. C. D. 2022. En Banc. Supreme Court October 31, 1957.]
In the Matter of Disciplinary Proceedings Against RALPH E.
PURVIS, an Attorney at Law.«1»
[1] ATTORNEY AND CLIENT - OFFICE OF ATTORNEY - REGULATION OF PROFESSIONAL CONDUCT - PURPOSE OF DISCIPLINARY PROCEEDINGS. A disciplinary proceeding against an attorney should be prompted by the sole and pure desire to serve the public good, and not for the purpose of serving any private end.
[2] SAME - MATTERS CONSIDERED - PERSONAL ENMITY AND DESIRE FOR REVENGE. In determining what disciplinary action should be taken against an attorney, it is proper for the supreme court to consider, among other factors, the fact that the activities of the person who caused the proceeding to be instituted and prosecuted were motivated entirely by personal enmity and a desire for revenge.
[3] SAME - EVIDENCE - SUFFICIENCY. In a proceeding for the discipline of an attorney, held that the record does not disclose any acts of the attorney, in his attorney-client relationship, which were detrimental to the interests of his client.
[4] SAME - OFFICE OF ATTORNEY - REGULATION OF PROFESSIONAL CONDUCT - PURPOSE OF DISCIPLINARY PROCEEDINGS. Some regulation of the professional and personal lives of lawyers is necessary to preserve public confidence in the judicial institution and to protect the courts and public from misconduct.
[5] SAME. Neither disbarment nor suspension is ordered for the purpose of punishment, but wholly for the protection of the public.
[6] SAME - PROCEEDINGS - EVIDENCE - SUFFICIENCY. In a proceeding for the discipline of an attorney, held that the evidence is insufficient to support the conclusions reached by the trial committee, and adopted by the board of governors, that the attorney, for his personal gain, had abused and taken advantage of confidence reposed in him by his clients, and that his acts were acts of corruption involving moral turpitude all in violation of the Canons of Professional Ethics.
Proceeding filed in the supreme court November 1, 1955, for the suspension of an attorney, upon findings of the board of governors of the state bar association. Proceeding dismissed.
T. M. Royce, for board of governors.
Brodie & Fristoe, for respondent.
«1» Reported in 316 P (2d) 1081.
[5] See 5 Am. Jur. 411.
Oct. 1957] IN RE PURVIS. 207
DONWORTH, J. -
The Washington state bar association, by its complaint, verified by its president, charged respondent, Ralph E. Purvis, with violation of his oath and duties as an attorney at law and of the ethics of the profession. No specific canon of ethics nor ground for disciplinary action (Rule for Discipline of Attorneys 10, 34A Wn. (2d) 183) is referred to in the complaint. Respondent, as a member of the bar of this court, has engaged in the practice of law at Bremerton since 1934. The nature of the transactions involved, and respondent's connection with them, will be fully described below.
After being served with the complaint, respondent filed his answer and the matter was referred to a trial committee for hearing.
At the hearing, which was held at Port Orchard on August 3, 1955, respondent appeared pro se. Testimony was taken and documentary evidence introduced. Thereafter, the trial committee made certain findings and recommended to the board of governors that respondent be suspended from the practice of law for one year. Respondent filed a statement in opposition to the findings and recommendation, in which he requested a hearing de novo before the board of governors.
The board of governors examined the record in this matter and the report of the trial committee. The board considered and denied respondent's request for a hearing de novo. The board approved the findings and recommendation of the trial committee and recommended to this court that respondent be suspended from the practice of law for one year.
Respondent obtained counsel prior to the time the record was filed in this court on November 1, 1955. Thereafter, respondent filed a motion to remand this matter to the board of governors for the purpose of taking the testimony of Dr. Grant E. Pa