should be clearly sustained by evidence: Matter of Balluss, 28 Mich. 507. In some states attorneys may be disbarred for neglecting to pay or deliver on demand property or money of clients in their hands and which should be paid or delivered Klingensmith v. Kepler, 41 Ind. 341; People v. Palmer, 61 Ill. 255; Slemmer v. Weight, 54 Ia. 164.

§ 98. Duty of attorneys to the court.

In general it may be observed that an attorney's duty towards the court embraces at least integrity, courteous demeanor, and a proper respect for its authority; and a willful disregard of such duty is a contempt of court, and a ground of suspension or disbarment, besides constituting sufficient ground for a fine or imprisonment, in certain cases, where the circumstances warrant it; and the court may, in some cases where the contempt is manifest, act upon its own personal knowledge.

On this subject we have heretofore said: "The duty of the attorney to the court is not merely that of courteous demeanor, but he is required to show proper respect to its authority nd if an

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attorney is guilty of contempt of court, by the use of abusive and insulting language, or by indecent conduct in the presence of the court, or a willful disregard of its authority, this is sufficient ground for a fine, or for suspension, or for disbarment, and the court could act upon such a case without further evidence than its own personal knowledge: Ex parte Robinson, 19 Wall. 505. But the right to disbar, it has been observed, should not be exercised except under circumstances which would render the continuance of the attorney in practice incompatible with a proper respect for the court itself, or a proper regard for other attorneys at the bar; and not where a fine, reprimand or temporary suspension would accomplish the purpose desired: Ex parte Seacomb, 19 How. (U. S.) 9; see also Bradley v. Fisher, 13 Wall. 335; Jackson v. Texas, 21 Tex. 668; Ex parte Cole, 1 McCrary (U. S. C. C.), 405; Re. McCarthy, 42 Mich. 71. The duty to the court embraces integrity; and where an attorney's name was stricken from the rolls for erasing the word "not" in a letter to a county judge, advising him not to allow bail to one indicted for murder, it was held a proper case for disbar

ment: Baker v. Com., 10 Bush (Ky.), 592; see also Re Hirst, 9 Phil. (Pa.) 216; Stout v. Proctor, 71 Me. 288; Re Arctander, 26 Minn. 25. In case of a manifest contempt of court and its authority in its presence and under its observation, it has been suggested by high authority that the attorney should ordinarily be heard before the order is made for his disbarment, especially in explanation of any matters that may show an absence of improper motives on his part, or that would mitigate the offensive character of his conduct; and to make reparation and apology: Ex parte Robinson, 19 Wall. (U. S.) 505; Bradley v. Fisher, 13 Wall. 335; Ex parte Bradley, 7 Wall. 364; Beene v. State, 22 Ark. 157; Fletcher v. Dangerfield, 20 Cal. 430; Saxton v. Stowell, 11 Paige (N. Y.), 526; see also Re Attorney, 86 N. Y. 573; Stout v. Proctor, 71 Me. 288; Re Davis, 93 Pa. St. 116; Re Steinman, 95 Pa. St. 220; 1 Field's Lawyers' Briefs, § 461.

§ 99. Disbarment or suspension of an attorney not necessarily final.

The judgment or order of the court disbarring or suspending an attorney is not always final.

But so long as it remains unmodified, or is not set aside or repealed, the attorney has no authority to practice in the same or similar courts; nor can he be readmitted to practice in such courts, except the judgment or order be set aside. But the court making the order may upon proper application restore the attorney to his original rights: 1 Field's Lawyers' Briefs, § 462. During the suspension or disbarment of an attorney he cannot represent any person in court as an attorney or agent: Cobb v. Superior Judge, 43 Mich. 289. As to the remedy of the attorney in such cases, see 1 Field's Lawyers' Briefs, § 463.

CHAPTER VII.

CIVIL LIABILITY FOR MALPRACTICE.

§ 100. Various kinds of malpractice defined.

Malpractice, from the Latin mala praxis, may be defined as bad or unskillful practice in a physician, surgeon, or other medical person, whereby the health of the patient is injured, or his life destroyed. Willful malpractice takes place when the physician or surgeon purposely administers medicines or performs an operation which he knows and expects will result in damage to the health or in death of the individual under his care: Elwell on Malp. 243; People v. Lohman, 2 Barb. (N. Y.) 216.

Negligent malpractice comprehends those cases where there is no criminal or dishonest intent or object, but gross negligence of that attention which the situation of the patient requires; as if a physician should administer medicines while in a state of intoxication, from which injury to the health, or the death of the patient arises.