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Schwenn v. Board of Com'rs of Alabama State Bar

Supreme Court of Alabama
Aug 17, 1979
373 So. 2d 1076 (Ala. 1979)

Opinion

BAR 77-5.

August 17, 1979.

Dieter J. Schrader, Huntsville, for appellant.

Edward M. Patterson, Asst. Gen. Counsel, Alabama State Bar, Montgomery, for appellee.


Appellant was found guilty of: (a) four charges of violating DR 1-102 (A)(4), Code of Professional Responsibility of the Alabama State Bar; (b) seven charges of violating DR 9-102 (A); and, (c) two charges of violating DR 9-102 (B)(4). He was suspended from the practice of law for six months. He appealed.

In brief, appellant raised a number of arguments; however, at oral argument, he waived all but one — that the six-month suspension, under the facts and circumstances, was too severe a penalty.

Failure of an attorney to handle properly the funds of a client is one of the most frequent complaints made against attorneys, and DR 9-102 (A), which prohibits the commingling of a client's funds and which puts an affirmative duty on the lawyer to maintain separate accounts for the client's money, must be enforced, and attorneys who violate it should be disciplined.

We affirm the decision of the Disciplinary Board.

AFFIRMED.

All the Justices concur.


Summaries of

Schwenn v. Board of Com'rs of Alabama State Bar

Supreme Court of Alabama
Aug 17, 1979
373 So. 2d 1076 (Ala. 1979)
Case details for

Schwenn v. Board of Com'rs of Alabama State Bar

Case Details

Full title:In the Matter of Robert P. SCHWENN, Attorney at Law. Robert P. SCHWENN v…

Court:Supreme Court of Alabama

Date published: Aug 17, 1979

Citations

373 So. 2d 1076 (Ala. 1979)