In Re Abraham S. Gilbert

Background

The Court directed the clerk to issue a rule to Abraham S. Gilbert, a member of this bar in New York City, about his services as master in several causes reviewed during the October term, 1921 and reported in 259 U. S. 101. The opinion lists a group of gas company cases brought under the name Newton, as Attorney General of the State of New York, et al., against various gas companies. The rule was made returnable Monday, December 12, 1927, and orders Gilbert to make a written report to the Court about fees or allowances paid to him for those services.

Reasoning

The Court required Gilbert to state what fees or allowances he received, when and by whom they were paid, and whether he returned or repaid any portion, including dates and names of parties. The opinion further directs Gilbert to show cause if he received fees in any of the specified causes that exceeded the maximum amount the Court has held permissible and has not returned the excess. The practical effect is a command for disclosure and an opportunity for Gilbert to explain or remedy any excess payments before the Court considers sanctions.

Real world impact

If Gilbert is shown to have kept excess fees and does not satisfactorily account for or return them, the Court may strike his name from the roll of attorneys permitted to practice here or punish him for contempt or otherwise as circumstances require. The order is a process step requiring disclosure and explanation by December 12, 1927, not a final disciplinary judgment; any removal or punishment would follow further Court action.