Davidson v. State Bar

Opinion

THE COURT.

Proceeding to review recommendation of the Disciplinary Board of the State Bar (board) that petitioner be suspended from practice for two years upon conditions of probation with no actual suspension.

The local committee and board found that petitioner engaged in conduct violative of Business and Professions Code sections 6068 and 6103.

In January 1971, petitioner was retained by Mr. Roddick to institute dissolution proceedings and secure custody of his minor child, Jimmy. On January 20 Mr. Roddick’s wife obtained an ex parte order from Judge Gardiner directing Mr. Roddick to return custody of Jimmy. The following day, petitioner, without knowledge of Judge Gardiner’s order, obtained an order from Judge McGuire awarding temporary custody to Mr. Roddick.

Mr. Roddick notified petitioner by telephone of the service of Judge Gardiner’s order. Petitioner informed Mr. Roddick that he had obtained a contradictory custody order and advised him to wait until petitioner could determine which order was effective. Judge McGuire vacated his order in the late afternoon of January 21 on the basis of an ex parte declaration prepared by Mrs. Roddick’s attorney.

[573]

■ The following morning, petitioner prepared a declaration supporting a renewed attempt to secure a custody order. This declaration disclosed the existence of neither Judge Gardiner’s order nor Judge McGuire’s vacation of his order. Petitioner attempted to present the declaration to both Judge Gardiner and Judge McGuire. Both being unavailable, petitioner presented the declaration to Judge Wilson who granted temporary custody to Mr. Roddick.

On January 25 Judge Wilson vacated his order, directing petitioner and Mr. Roddick to appear before him on January 27 to report compliance with Judge Gardiner’s order. Mr. Roddick and Ms. Cooper testified that on January 26 petitioner advised Mr. Roddick to take Jimmy to Los Angeles and told them he would persuade Judge Wilson to modify his order. Petitioner conceded that he had advised his client to take Jimmy to Los Angeles for the purpose of seeing a child psychiatrist but that he further told Mr. Roddick not to do so until after a modification of Judge Wilson’s order had been obtained. Later that day, petitioner received a message from Mr. Roddick that Jimmy had been taken to Los Angeles and that Mr. Roddick could be reached at a given telephone number.