In re Ryder case brief summary
263 F. Supp. 360 (E.D. Va. 1967)
SYNOPSIS:
A proceeding against an attorney (respondent) was brought in VA to determine whether the attorney should be removed from the roll of attorneys that were qualified to practice.
The attorney was in receipt of stolen property from a client which violated the Canons of Professional Ethics.
OVERVIEW:
The attorney's client, after he committed an armed robbery, put both stolen money as well as a shotgun in a bank safety deposit box.
The attorney realized that evidence may be discovered later and used at the trial of his client, so he took the money and gun and put them into his own safety deposit box.
The items were found by the FBI after a search warrant was obtained.
The attorney was charged with violating the Canons of Professional Ethics of the VA state bar.
HOLDING:
The court found that the attorney's action was not protected by the attorney-client privilege.
ANALYSIS:
Additionally, the court stated that the attorney violated the Canons of Professional Ethics because the Canons required attorneys to observe the law, and did not permit attorneys to violate the law for the benefit of their clients. Because of mitigating circumstances, respondent was suspended from practice for eighteen months and not fully disbarred.
OUTCOME: The court determined that the attorney should be suspended from the practice of law because his receipt of stolen property from his client violated the Canons of Professional Ethics and he was not protected by the attorney-client privilege.
The attorney was not denied due process of law.
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263 F. Supp. 360 (E.D. Va. 1967)
SYNOPSIS:
A proceeding against an attorney (respondent) was brought in VA to determine whether the attorney should be removed from the roll of attorneys that were qualified to practice.
The attorney was in receipt of stolen property from a client which violated the Canons of Professional Ethics.
OVERVIEW:
The attorney's client, after he committed an armed robbery, put both stolen money as well as a shotgun in a bank safety deposit box.
The attorney realized that evidence may be discovered later and used at the trial of his client, so he took the money and gun and put them into his own safety deposit box.
The items were found by the FBI after a search warrant was obtained.
The attorney was charged with violating the Canons of Professional Ethics of the VA state bar.
HOLDING:
The court found that the attorney's action was not protected by the attorney-client privilege.
ANALYSIS:
Additionally, the court stated that the attorney violated the Canons of Professional Ethics because the Canons required attorneys to observe the law, and did not permit attorneys to violate the law for the benefit of their clients. Because of mitigating circumstances, respondent was suspended from practice for eighteen months and not fully disbarred.
OUTCOME: The court determined that the attorney should be suspended from the practice of law because his receipt of stolen property from his client violated the Canons of Professional Ethics and he was not protected by the attorney-client privilege.
The attorney was not denied due process of law.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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