In re Sizer and Gardner

267 S.W. 922 (1924)

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In re Sizer and Gardner

Missouri Supreme Court
267 S.W. 922 (1924)

Facts

Lawyers F.P. Sizer and H.A. Gardner (defendants) were plaintiff’s lawyers specializing in representing clients in suits for damages against railroad companies. Because of Sizer and Gardner’s success, railroad companies began working together to investigate Sizer and Gardner’s practices. During the investigation, agents of the railroad companies obtained affidavits that described allegations of Sizer and Gardner’s ethical violations in soliciting clients. One affidavit stated that Sizer loaned $100 to Parker, one of his clients, which Sizer admitted but stated he did so because the client was destitute. Another affidavit stated that Harry Davis, a former client of Sizer, recommended Sizer and Gardner to an individual by the name of O’Connor who was looking for a lawyer to sue a railroad company. The affidavit further stated that Davis told O’Connor that Sizer would give O’Connor money for living expenses. When O’Connor asked Sizer for a loan, however, Sizer refused. Another affidavit stated that Workman, a former client of Sizer in a suit against a railroad company, approached Frank Holloway, an individual who had suffered personal injuries as a result of a railroad accident, and recommended that Holloway hire Sizer to sue the railroad company. According to the affidavit, Workman also told Holloway that Sizer would lend him money. However, Sizer never loaned any money to Holloway. Based on these and other affidavits, the Missouri Bar Association (bar) (plaintiff) brought charges against Sizer and Gardner for prohibited solicitation. The bar recommended that Sizer and Gardner be disbarred.

Rule of Law

Issue

Holding and Reasoning (Graves, C.J.)

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