Garlow v. State Bar

Opinion

THE COURT.

We review a State Bar recommendation that petitioner, Gerald G. Garlow (admitted to the practice of law in California in 1965), be suspended from the practice of law for a period of one year and that the suspension be stayed upon specific conditions, including probation for one year with six months’ actual suspension.

The only issue is the appropriate degree of discipline. Petitioner does not contest the findings or recommendations of the hearing panel of the State Bar which recommended 90 days’ actual suspension. Following a review requested by petitioner, however, the State Bar, while affirming the findings of the hearing panel, increased to six months the recommended actual suspension.

Petitioner argues that six months’ actual suspension is excessive, and that the hearing panel’s original recommendation is sufficient to protect the public. We disagree and approve the State Bar’s ultimate recommendation.

[915]

Facts

Petitioner represented Garnet B. Stevens III in a dispute involving a lease and proposed sale of real property and the resulting litigation which included entry of a default judgment against Stevens. On August 15, 1977, petitioner filed a motion to set aside the default judgment on the ground that Stevens had never been properly served with the summons and complaint. In support of this motion petitioner filed certain declarations under penalty of perjury which were purportedly signed by Stevens, his former wife Lois, and his son Garnet B. Stevens IV.

On August 30, 1977, petitioner appeared in court to argue the motion to set aside the default judgment. At this time the opposing party moved to strike the supporting declarations on the ground that they were not signed by the named declarants. A handwriting expert of unchallenged qualifications testified that

none of

the signatures on the declarations was genuine, and that, in his opinion, all the declarations had been signed by the same person.

At the hearing, petitioner offered to stipulate that he had signed the declaration for Lois Stevens, but said there were good reasons for doing so. Lois Stevens had given him a general power of attorney because she was unable to sign for herself, having received injections in her arm on that day. He represented that he signed the declaration in her presence and at her request, but did not admit signing the other declarations. Rather, he contended that after the documents were prepared he asked his secretary to collect the remaining signatures.