The Mississippi Bar v. Edward O'Neal Benson
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IN THE SUPREME COURT OF MISSISSIPPI
THE MISSISSIPPI BAR
PETITIONER
v. 1999-BD-01373-SCT
EDWARD O'NEAL BENSON RESPONDENT
ORDER OF DISBARMENT
¶1. This matter came before the Court sitting en banc on the Mississippi Bar's Formal Complaint seeking
the disbarment of Edward O'Neal Benson, pursuant to Rule 6(a) of the Rules of Discipline for the Bar.
Benson, a member of the Mississippi Bar and subject to the disciplinary jurisdiction of this Court and its
designated disciplinary agencies, was served with the Formal Complaint on August 25, 1999. Although
Benson did not file a formal response, he did file a letter on September 15, 1999, stating that he did not
object to the Formal Complaint. The Court, having fully considered the Formal Complaint with attached
sentencing order and letter from Benson, and being fully advised in the premises, finds as follows:
¶2. On or about August 12, 1999, the Circuit Court of Pike County entered a Sentencing Order in Case
No. 99-418-KA convicting Benson of Information Embezzlement, a felony. Benson pled guilty to the
crime, and the court ordered him to be placed on probation for a period of five years under the supervision
of the Mississippi Department of Corrections, perform 150 hours of community service work, pay a fine of
$1,000.00, court costs, and make full restitution.
¶3. Pursuant to Rule 6(a) of the Rules of Discipline, a plea of guilty to a felony mandates automatic
disbarment. Mississippi Bar v. Murphy, 675 So. 2d 845 (Miss. 1996); Mississippi Bar v. Sykes, 637
So. 2d 192 (Miss. 1994). This Court has stated that disbarment "serves to help to preserve the dignity and
reputation of the legal profession and also ensures protection of the public from such conduct." Mississippi
Bar v. Murphy, 675 So. 2d at 845 (quoting In re Baker, 649 So. 2d 850, 853 (Miss. 1995)).
¶4. IT IS, THEREFORE, ORDERED as follows:
¶5. 1. Edward O'Neal Benson is hereby disbarred from the practice of law in the State of Mississippi and
his name shall be immediately removed from the rolls of the Mississippi Bar;
¶6. 2. The Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately forward to the attorneys
of record for each party herein a copy of this Order of Disbarment, and shall send a copy to Benson by
certified mail, return receipt requested;
¶7. 3. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the Clerks of
the United States District Courts for the Northern and Southern Districts of Mississippi, to the Clerk of the
United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United
States;
¶8. 4. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the judges of
the circuit, chancery and county courts of the districts where Benson resided and practiced law, with
instructions to include a copy of this judgment upon the minutes of their respective courts;
¶9. 5. The Clerks shall forward an attested copy of this Order of Disbarment to the Executive Director of
the Mississippi Bar;
¶10. 6. The Bar is entitled to recover from Benson all costs of this disciplinary proceeding, as well as all
previously assessed sums. The Bar shall files its Motion for Costs and Expenses with the Court within ten
(10) days of the filing of this Order;
¶11. 7. Benson is hereby enjoined from practicing law in Mississippi; from holding himself out as an
attorney at law; from performing any legal service for others; from accepting any fee directly or indirectly for
legal services to be performed for others; from appearing as counsel or in any representative capacity in any
proceeding in any Court of the State of Mississippi, or before any administrative body or agency thereof;
and from holding himself out to others as or using his name in any manner, in conjunction with the phrases
"attorney at law," "attorney," "counselor at law," "counselor," or "lawyer," for the period of his disbarment
until such time as he is reinstated to the practice of law in this State by the Supreme Court of Mississippi;
¶12. 8. Within ten (10) days of receipt of this Order of Disbarment, Benson shall notify in writing each of his
Mississippi clients of his disbarment and of his consequent inability to act as an attorney and shall advise
each such client to promptly substitute another attorney or attorneys in his place or to seek legal advice
elsewhere;
¶13. 9. Benson shall return all files, papers, monies and other properties belonging to his Mississippi clients
in his possession, if any such clients request same after receiving notification from him. Within thirty (30)
days of receipt of this Order of Disbarment, Benson shall file with this Court an Affidavit stating that all
current Mississippi clients have been notified of his disbarment and that all files, papers, monies and other
property belonging to such clients have been returned as ordered herein; and showing in the cases where it
was not possible to notify such clients or return their property, that due diligence was used to do so; and
¶14. 10. Within ten (10) days of receipt of this Order of Disbarment, Benson shall notify every attorney and
adverse party in any Mississippi proceeding in which he is involved and all affected Courts and agencies, of
his disbarment and consequent inability to act as an attorney. Within thirty (30) days of receipt of this Order
of Disbarment, Benson shall file with this Court an Affidavit stating that all attorneys or adverse parties in
any such proceeding in which he is involved, and all affected Courts and agencies, have been notified of his
disbarment and consequent inability to act as an attorney.
¶15. SO ORDERED, this the 19th of November, 1999.
s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR.
JUSTICE
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