Barton v. State Bar

PRESTON, J.

This proceeding was instituted to review an order of the board of governors of The State Bar of California, adopting findings of the local administrative committee, and recommending to this court that petitioner be disbarred from further practice of the law in this state.

The facts, as taken from the fair and complete review of the evidence incorporated in said findings, are substantially as follows: Prior to October, 1933, one Childs, employed at a garage as maintenance and serviceman, believed that his employer and the Castor Oil Company were engaged in the practice of putting gasoline of said company in the tanks of the garage bearing Union Oil Company 76 labels and selling said gasoline to customers as Union gasoline. This practice

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is termed “dumping”. Childs talked the matter over with Simpson, a customer, and they decided that, for the benefit of the public, the Castor company should be notified to discontinue the deception. A few days prior to October 24, 1933, they called at petitioner’s office and disclosed to him the foregoing information, stating that they did not expect any money, but merely wished, without having the matter become public, to report it in some way so as to stop the “dumping”. Petitioner told them he would have to make an investigation. However, on October 24th, without having made any investigation, he wrote on his legal letterhead, to the Castor company as follows:

“I have a client by whom a complaint for damages has been lodged with me to prosecute and file action on same, but before commencing such, I would be pleased to interview your Mr. Castor, as, you may rest assured that I have no desire to do any injustice, but am called upon for the performance of a duty. The matter involved is surely very imperative and important to your business. Hence I would suggest that you come in and see me on or before the 28th day of October and I further suggest that the afternoon is the best time to find me here in the office. Thanking you for your attention and early call, I am, Tours very truly, Daniel Barton.”

Upon receipt of this letter the Castor company consulted Mr. Haven, its attorney, who immediately telephoned petitioner to ascertain the nature of the claim. Petitioner declined to discuss it over the telephone, but made an appointment for Mr. Haven to call at his office the following morning. At this meeting petitioner informed Mr. Haven that the matter was really for the district attorney; that the Castor company had been adulterating gasoline and that petitioner’s clients had been damaged from $2,000 to $3,000, refusing, however, to reveal who the clients were or what their claim was and stating that he did not want to file suit, but would consider a settlement. The next day he telephoned Mr. Haven and told him that his clients’ claim was for “dumping”, of which practice Mr. Haven stated he was sure the Castor company had not been guilty, asking for further details, which petitioner promised to obtain. Thereafter, between November 1 and 4, 1933, following several unsuccess