Opinion
No. 4588.
Decided November 15, 1957.
1. An attorney indefinitely suspended from the practice of law pending disposition of embezzlement charges against him was ordered disbarred where he pleaded guilty to such charges.
PETITION, filed in this court by the Attorney General praying that Charles H. Barnard of Manchester be removed from office as an attorney by a decree of disbarment. RSA 311:8. Paragraph 2 of the petition reads as follows: "That on Friday, October 18, 1957, the said Charles H. Barnard pleaded guilty to ten indictments charging him with embezzlement of specific clients' funds and in consequence thereof was on that day sentenced to serve not less than nine nor more than fifteen years in State Prison by the Superior Court."
The respondent was duly notified of the petition and the order of the court to make answer thereto and to show cause why the prayer thereof should not be granted. The respondent has filed no answer or defense to the petition.
On May 8, 1957, the respondent Charles H. Barnard was indefinitely suspended from the practice of law pending final adjudication of the criminal charges against him. Barnard's Case, 101 N.H. 33. "The misappropriation or embezzlement of clients' funds by an attorney demonstrates such lack of common honesty as to clearly justify an attorney's disbarment. Delano's Case, 58 N.H. 5." Harrington's Case, 100 N.H. 243, 244. Since it appears that the allegation of the petition is true and the respondent's conduct unquestionably demonstrates his unfitness to be a member of the Bar, the respondent is forthwith disbarred as an attorney in this state.
So ordered.