In re the Disbarment of Schnitzer

1. Attorney and Client — Suspension and Disbarment — Unprofessional Conduct — “Misconduct.” For an attorney to publish and advertise a pamphlet, the purpose of which is to attract nonresidents to the state to apply to its courts for divorce, through his agency as an attorney, that h,e may profit financially thereby, is “misconduct,” within Comp. Laws, 2625,' providing for removal or suspension of attorneys for misconduct. 2. Attorney and Client — Unprofessional Conduct — Punishment. An attorney who published and advertised a pamphlet to attract nonresidents to the state to apply for divorce through him will be shown leniency, and suspended for only eight months, and till the further order of the court; he having discontinued the advertising when his attention was called to his methods being condemned by the bar association of the city, and his being the first case of the character brought to the attention of the court.

Original proceeding. In the matter of the application for the disbarment of William H. Schnitzer as an attorney at law. Statement of Facts The respondent, William H. Schnitzer, was admitted to practice in all the courts of this state upon the 18th day of January, 1907, upon motion based upon a license to practice in the courts of the State of New York and upon a showing of good moral character. Respondent filed a demurrer to the petition filed by the Reno Bar Association, praying for his disbarment, which was overruled, whereupon he interposed an answer. The main facts upon which the petition is based are not denied, but certain allegations in the petition, based upon such facts, are denied. The following are the principal facts upon which the proceeding is based: Prior to the institution of these proceedings, the respondent caused to be published in the programs of the Orpheum Theater of San Francisco advertisements reading as follows: DIVORCE LAWS OF NEVADA. Have you domestic troubles, Are you seeking DIVORCE Do you want quick and reliable action? Send for my booklet Contains Complete Information FREE Shortest Residence Address Counsellor, P. O. Box 263, Reno, Nevada. Correspondence Strictly Confidential. DIVORCE LAWS OF NEVADA. Send for my booklet Contains information FREE Address: Counsellor, P. O. Box 263, Reno, Nevada. (W. Shafer) Correspondence Strictly Confidential. DIVORCE LAWS OF NEVADA Have you Domestic Troubles Are you seeking DIVORCE Do you want quick and reliable action ? SEND FOR MY BOOKLET Contains Complete Information FREE Shortest Residence Address W. H. SCHNITZER Counsellor, P. O. Box 263, Reno, Nevada, Correspondence Strictly Confidential. Upon certain days during the month of April, 1909, the respondent caused to be inserted in the Brooklyn Daily Eagle of Brooklyn, N. Y, and in the Washington Post of Washington, D. C., newspapers of large circulation, the following advertisement: "Divorce Laws of Nevada. Complete Information Mailed Free by Attorney William K. Shafer, Reno, Nevada.” The "W. Shafer” and the "William K. Shafer” mentioned in the foregoing advertisements was intended for a certain William B. Shafer, who for a time was in the office of the respondent, but who was not an attorney of this court. In January, 1909, the respondent published a twenty-four-page pamphlet for general distribution, the title-page of which reads: DIVORCE PRACTICE AND PROCEDURE. Under the Laws of the State of Nevada, with Notes and Decisions. Compiled and Digested by WILLIAM H. SCHNITZER of the Nevada Bar. Published at Reno, Nevada, January, 1909. The preface to the pamphlet reads: " Preface. "The purpose of this treatise is to briefly, tersely, concisely, and clearly present to the reader the divorce practice and procedure under the laws of the State of Nevada. " While the laws of the eastern and middle west States ■ generally, contain some provision for the dissolution of the marriage tie, it is obvious to the reader that in cases where extreme cruelty, desertion and neglect to provide form the basis of the grievance, the law in such States offers no substantial relief to the aggrieved party, because the requirements of proof, duration of offense, corroboration of plaintiff, and procedure under court rules are so exacting and irksome, that the desired relief sought by applicant is rendered impossible of attainment. "Summing up the situation, as it exists in the eastern States, respecting the domestic relation law, the client when consulting local counsel, is almost invariably-advised that upon the facts submitted he or she is without remedy. "Here in Nevada, the applicant, without deception or fraud, upon almost any charge, from which lack of harmonious relations may be reasonably inferred, may apply to our courts and secure prompt results, by decree of absolute divorce, valid and binding in law. The next few pages will contain the statutes of Nevada applicable together with a brief interpretation, supported by Supreme Court decisions, clearly indicating the superior advantages afforded applicant under the law and procedure of Nevada. William H. Schnitzer.” The pamphlet is divided into subjects under the following headlines: "DivorceStatutes.” "Causes.” "Crueltyas Interpreted by Judicial Decisions.” "Residence.” "Summonsand Service; How made upon Defendant.” "Service of Non-Resident by Publication. ” " Appearance of Defendant.” "Testimony and Hearings Before the Court.” "Alimony and Custody and Support of Children.” "Decree of Divorce Shall Provide.” "The City of Reno, Nevada.” "Summary.” "Your Selection of Lawyer.” "My References. ” Without setting forth a copy of the pamphlet in full, the following extracts will serve to show its general import: " Residence. ■ "Under the provisions of section 22 of the Marriage and Divorce Act, the plaintiff must reside in the State for a period of at least six months. This is not construed to mean that in order to fully comply with the statute, party must remain here continuously for said period. So, if a party comes to Nevada, and in good faith takes up a residence, party may leave the State at any time after establishing residence, may go and travel when and wherever party chooses and may return to the State whenever inclination prompts, and yet, such temporary absence would not in anywise affect the legality of the residence established, but party would be entitled, under the law, to bring suit, any time after the lapse of six months from the date residence was originally established, notwithstanding party’s absence from the State during said period. " Upon a careful reading of section 22 (page 5) the reader will note several exceptions to the rule requiring a residence in the State of six months, viz.: In any case where the defendant may be found, or may reside within the State. The residence of the plaintiff is immaterial, and it is not necessary to prove any period of residence on the part of plaintiff; so, in cases where defendant is willing to facilitate the plaintiff, and will come to Nevada and remain here long enough to enable plaintiff to procure the service of the summons on defendant personally, within the State, then in that case, suit may be filed at once regardless of the duration of plaintiff’s residence here, and under such circumstances the court will acquire complete jurisdiction.” "Appearance of Defendant. "A defendant shall be deemed to appear in an action when he answers, demurs or gives the plaintiff or her attorneys written notice of his appearance, or when an attorney gives notice of appearance for him. "Compiled Laws of Nevada, section 3594. "A voluntary appearance of defendant shall be equivalent to personal service of summons upon him. "Compiled Laws of Nevada, section 3130. " In many cases the voluntary appearance of defendant may be procured, thereby saving the time and avoiding the tedious delays incident to service of process and proofs of service. To that end I am in position to recommend to my clients, the names of reputable attorneys in the State, who, upon written instructions from defendant will enter an appearance in his or her behalf, which practice is frequently resorted to for the 'purpose of bringing the main issue speedily before the court. ” " Testimony and Hearings before 'the Court. "After the completion of the service of the Summons upon the defendant as herein set forth, and his time to appear for answer has expired, the plaintiff may at once proceed with hearing before the court. Our courts are always in session to hear testimony in uncontested divorce proceedings, and the hearing can be set for any day, on motion of counsel. In all such cases where there is no real contest, the oral testimony of plaintiff, without corroborative testimony, (usually required in other States) before the Judge, in private chambers, in support of the allegations of the Complaint is deemed sufficient. "This rule of practice is in line with the provisions of section 26 of the Domestic Relation Act, Laws of Nevada.” "The City of Reno, Nevada. " Important questions that will appeal to many, before deciding to leave their present domicile, and coming to this Western country are: What sort of a place is Nevada with respect to climate, comfort and convenience of life and opportunity of engaging in business, or securing lucrative employment? "To fully cover this ground and to do justice to the grandeur and industrial enterprises of this gre&t-greatestmineral State, would alone require a volume. I will only reply briefly and tersely to these interrogatories, and for further and more complete information on the subject will be pleased to reply by letter to special inquiry. "Reno, the commercial metropolis of Nevada, is beautifully situated on the Truckee River, at an elevation of 4495 feet above sea level, and is on the main line of the Southern Pacific Railroad, overlooking the majestic Sierra Nevada Mountains, and is just 26 miles easterly from the borders of California; just two hours ride from Lake Tahoe, the most beautiful and picturesque lake in America,’ and the mecca of society and fashion; the climate is dry, healthy and invigorating; is especially favorable to the treatment of bronchial and pulmonary troubles; there are no sudden extremes of heat and cold. "Reno is the seat of the State University, has public library, seven churches of all religious denominations, five banks with combined deposits of over six million dollars, three theatres, four modern up-to-date fire-proof hotels, six and half miles of street railway, operated through the leading streets, beautiful public and office buildings, and magnificent homes. "The cost of living in Nevada, all things being considered, is. as low as any part of the country, and employment in all . bran ches of labor is readily obtained at good wages. Steady and industrious mechanics should experience no difficulty in securing employment at a high rate of wages.” " Summary. "Summarizing all that has been herein submitted to the reader, and as sound reasons why the greatest advantages and facilities are afforded under the law and practice of Nevada, to those seeking speedy release from the marital relations we submit as follows: "1. The shortest period of residence, viz. six months. "2. In special instances, when defendant may be found in the State, suit may be filed at once without a delay of six months. "3. The great number of grounds, viz. seven distinct and separate grounds. "4. The simplest and least difficult grounds to prove: (Reading carefully citations under subdivision of ' Cruelty’). "5. No delays after time for defendant to answer has expired, our courts being always in session to hear testimony in uncontested cases. "6. Under the charge of Extreme Cruelty plaintiff may allege and prove any facts or acts producing mental anguish and threatening health. "7. Under the practice of our courts, where no real contests exists, parties are not subjected to embarrassing cross examinations. " 8. In all uncontested cases parties may, on application of counsel, have hearings conducted in private chambers of the Judge and thereby avoid embarrassing publicity and exposure to the public. "9. Unlike the practice and rule in most states, the sole testimony, of plaintiff, without corroborative proofs, is sufficient to establish the allegations of the complaint in all undefended actions. "10. A decree absolute is granted immediately, after proofs are submitted, so that party receiving same may marry again at once, and is not obliged to wait for any period thereafter as is the law in many States. "11. Here in Nevada, we have up-to-date Cities where one may enjoy all the comforts, conveniences and luxuries of an eastern metropolis, and may indulge in little journeys into the adjoining State, California, which is justly styled the land of 'Sunshine and Flowers.’ ” "Your Selection of a Lawyer. " Lastly, but most importantly, is the question for you to determine: Who shall I select as my attorney to conduct my proceedings? Naturally you want the best, the most skillful and reliable talent obtainable, one in whose judgment and advice you will place implicit confidence before you incur the expense and time in traveling to this State to establish your new residence. "It may sound somewhat boastful to shout my own praise, but under the circumstances it is necessary .that I tell you frankly who I am, and how I stand in this community. "The writer has had twenty years experience in the actual-practice of the law at the New York and Nevada Bar. I pride myself in being able to state, with perfect frankness and candor, that during the three years of active practice at the Nevada bar I have earned and won the friendship, respect and esteem of my colleagues at the bar and the Judges on the Bench. "I have made it a rule of my conduct to always make my word good and deal on the square with everybody. I am a member of the executive committee of.the State democratic organization. "A sense of modesty impels the writer to refrain'from further self-aggrandizement; but with the consciousness of my own record in this Commonwealth, and with a full realization that those who know me will be willing to say a kind word for me and will testify to my good reputation and high standing, I unhesitatingly submit to the inquirer a few of my references. ” Under the heading of "My References,” the respondent appends the names of judges, a United States senator, the acting governor of the state, attorneys, editors,' and prominent business men of the state, at least one of whom is shown to have repudiated the use of his name in such manner. The concluding page of the pamphlet reads as follows: WILLIAM H. SCHNITZER, Attorney and Counsellor-at-Law, Rooms 10, 11,12 and 13, Gazette Building, Reno, Nevada. „ Branch Offices: Goldfield, Nevada, Carson City, Nevada, Tonopah, Nevada, Rawhide, Nevada. Commercial and Mining Practice and Litigation in all State and Federal Courts. Depositions carefully taken. Correspondence in Reference to Financial Standing of Parties will receive prompt attention. For references see page 18. Twenty years active experience in commercial litigation and practice.