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In Re Terrel Digest
In Re Terrel Digest
In the matter of the suspension of HOWARD D. TERRELL from the practice of law.
Facts
Howard D. Terrell, an attorney-at-law, was ordered to show cause why he should not be suspended as a member of the
bar of the city of Manila for the reasons:
o First, that he had assisted in the organization of the "Centro Bellas Artes" Club, after he had been notified that
the said organization was made for the purpose of evading the law then in force in said city;
o Secondly, for acting as attorney for said "Centro Bellas Artes" during the time of and after its organization,
which organization was known to him to be created for the purpose of evading the law.
After reading testimony given by said Howard D. Terrell, in the case of the United States vs. H. D. Terrell,1 wherein he
was charged with estafa, the court below found, and decided as a fact, that the charges aforesaid made against Howard
D. Terrell were true, and made an order suspending him from his office as a lawyer in the Philippine Islands.
Issues
w/n Terrell is guilty of gross misconduct in assisting Centro Bellas Artes Club (yes)
Ruling
We have carefully considered these facts, and have reached the conclusion that they were such as to justify the court
below in arriving at the conclusion that the knowledge and acts of the accused in connection with the organization of
the "Centro Bellas Artes" Club were of such a nature and character as to warrant his suspension from practice.
The promoting of organizations, with knowledge of their objects, for the purpose of violating or evading the laws
against crime constitutes such misconduct on the part of an attorney, an officer of the court, as amounts to malpractice
or gross misconduct in his office, and for which he may be removed or suspended. (Code of Civil Procedure, sec. 21.)
The assisting of a client in a scheme which the attorney knows to be dishonest, or the conniving at a violation of law,
are acts which justify disbarment.
In this case, however, inasmuch as the defendant in the case of the United States, vs. Terrell was acquitted on the
charge of estafa, and has not, therefore, been convicted of crime, and as the acts with which he is charged in this
proceeding, while unprofessional and hence to be condemned, are not criminal in their nature, we are of opinion that
the ends of justice will be served by the suspension of said Howard D. Terrell from the practice of law in the Philippine
Islands for the term of one year from the 7th day of February, 1903.
It is therefore directed that the said Howard D. Terrell be suspended from the practice of law for a term of one year
from February 7, 1903. It is so ordered.