Waterman v. State Bar

[225]

PULLEN, J.,

pro

tem.

This is a proceeding to review the recommendation of the board of governors of The State Bar that petitioner be disbarred.

It is charged that petitioner is guilty of a violation of rule 3 of Rules of Professional Conduct of The State Bar (213 Cal. cxiii) in that he engaged another to solicit professional employment for him, commonly referred to as “ambulance chasing”, and, further, that the petitioner wilfully, intentionally and with a view of furthering his own personal interest gave testimony under oath before a committee of The State Bar, which testimony was untrue, and was given with the view of misleading such committee and The State Bar.

There is no substantial dispute as to the facts. Petitioner admits the charge of “ambulance chasing” in each of the three instances specified. He also admits having made false statements before the committee of The State Bar, but states that he so testified out of fear of the consequences, and not because of any corrupt motive, and that at a subsequent meeting of .the committee he voluntarily repudiated all such false testimony and thereupon testified truthfully and fully in all matters.

The findings of the committee, as approved and adopted by the board of governors, declare that upon each of the three separate occasions alleged, petitioner, through one Williám T. Stevens, acting as his agent, had, from January, 1938, to May, 1938, solicited professional employment.

In June, 1938, Stevens was arrested and charged with a violation of an ordinance of the city of Los Angeles prohibiting the solicitation of such employment in tort cases, and was released on bail. When Stevens failed to appear and enter his plea, his bond was forfeited, and he is apparently still a fugitive.

In October, before this same committee of The State Bar, which was then conducting a preliminary investigation of petitioner’s professional conduct with relation to the above matters, he testified that during the year he had had no business with Stevens except in connection with a damage case for his wife; that he had not seen Stevens for . several years; that he had no knowledge of Stevens’ arrest; that he did not know whether he was in jail or had been tried;