AI-assisted research summary: If an execution on certain judgments is returned unsatisfied, the court must remove the delinquent attorney from the roll and the attorney cannot practice in Tennessee courts until the debt is paid.
Upon the return by proper officer of an execution issued on the judgment recovered under §§ 25-3-119 and 25-3-120 , with the endorsement that the money cannot be made, or not sufficient property of the defendant to be found to make the same, it is the duty of the court to strike such delinquent from the roll of attorneys, who shall thenceforward be disqualified to practice in the courts of this state until the debt is paid. Code 1858, § 3619 (deriv. Acts 1825, ch. 13, § 2); Shan., § 5384; Code 1932, § 9543; T.C.A. (orig. ed.), § 25-322. Law Reviews. Legal Profession — Attorney and Client, 24 Tenn. L. Rev. 611. NOTES TO DECISIONS 1. Trial and Appeal. 2. Time for Disbarment. 3. Prerequisites to Reinstatement. 4. Common Law Jurisdiction of Court. 1. Trial and Appeal. In proceedings to disbar an attorney, he is not entitled to a trial of the issues by a jury, and upon an appeal from a judgment of disbarment the appellate court will try the case de novo, giving no weight to the trial judge's findings of fact. Davis v. State, 92 Tenn. 634, 23 S.W. 59, 1893 Tenn. LEXIS 20 (1893). 2. Time for Disbarment. An attorney may be disbarred for misappropriation of his client's funds before the client has obtained judgment against him for the amount misappropriated, and before any conviction upon a criminal charge for such misappropriation. Davis v. State, 92 Tenn. 634, 23 S.W. 59, 1893 Tenn. LEXIS 20 (1893). 3. Prerequisites to Reinstatement. An attorney disbarred for failure to account for money collected by him cannot be reinstated until he had made restitution. Cantor v. Grievance Comms. of Washington County, 189 Tenn. 536, 226 S.W.2d 283, 1949 Tenn. LEXIS 457 (1949). 4. Common Law Jurisdiction of Court. While this section and title 23, ch. 3, regulate the procedure with reference to attorneys, they do not affect the inherent common law jurisdiction of the court to deal with its officers in a summary way for malpractice or misconduct in their official character. Memphis & Shelby County Bar Asso. v. Vick, 40 Tenn. App. 206, 290 S.W.2d 871, 1955 Tenn. App. LEXIS 104 (Tenn. Ct. App. 1955), cert. denied, 352 U.S. 975 , 77 S. Ct. 372 , 1 L. Ed. 2 d 328, 1957 U.S. LEXIS 1542 (1957), rehearing denied, 353 U.S. 918 , 77 S. Ct. 670 , 1 L. Ed. 2 d 670, 1957 U.S. LEXIS 1202 (1957), rehearing denied, 354 U.S. 944 , 77 S. Ct. 1403 , 1 L. Ed. 2d 1542, 1957 U.S. LEXIS 653 (1957).