Lester v. State Bar

Opinion

THE COURT.

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that petitioner be suspended from the practice of law for two years upon conditions of probation, including actual suspension for two months and the making of restitution to former clients.

Petitioner was admitted to the practice of law in 1947. In a notice to show cause, he was charged with violation of his oath and duties as an

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attorney (Bus. & Prof. Code, §§ 6103, 6067, 6068) and the commission of acts involving moral turpitude, dishonesty and corruption (Bus. & Prof. Code, §6106).

After a hearing on both charges, the local administrative committee found that petitioner engaged in a continued course of dishonest conduct whereby he wilfully failed to perform legal services for which he was retained and failed to refund all or any portion of advance fees until compelled to do so by a court of law or the pendency of a disciplinary hearing.

The board substantially adopted the committee’s findings as well as its recommendation that petitioner be suspended for a period of two years on conditions of probation including actual suspension for the first two months and restitution to clients in the amounts of $200 and $350, plus interest.

Petitioner does not challenge the factual findings of either the committee or the board, but rather, requests that this court accept as sufficient the recommended discipline of actual suspension for two months or until restitution is made. In light of the nature of petitioner’s misconduct, however, it appears that a more stringent penalty is warranted.

The Susan M. Matter

On November 23, 1970, petitioner received $500 from Susan M’s parents to represent her in a paternity suit for a child subsequently born on December 31, 1970. Between January 1, 1971, and August 1972 petitioner made no attempt to establish the child’s paternity and Susan’s parents finally requested that he discontinue his efforts on the case. Between August 1972 and March 1973 Susan’s parents repeatedly demanded that petitioner refund their $500 retainer but he returned no portion of such sum until March 29, 1973, when they obtained a default judgment from a small claims court in Riverside County directing him to refund the entire retainer. The record indicates that at no time did petitioner request information from Susan’s parents concerning the case nor did he ever attempt to contact Susan.