Rogers v. State Bar

Opinion

THE COURT.

Petitioner, Andrew Rogers, was admitted to the practice of law on June 19, 1968. In 1973, petitioner received a public reproval from the State Bar for acts of misconduct which included commingling of clients’ funds (L.A. 2126). In May 1980 we suspended petitioner from the practice of law for one year (six months’ actual suspension and six months’ probation) for misappropriation of a client’s settlement funds and wilful failure to communicate with clients (Bar Mise. No. 4250).

In the present proceeding, the record discloses further serious misconduct occurring during the period from May 1974 to June 1977, which misconduct included five separate counts of wilful commingling and misappropriation of clients’ funds. Under these circumstances, we accept the State Bar’s recommendation that petitioner be disbarred.

Because petitioner does not contest the findings of the Disciplinary Board of the State Bar, we briefly summarize those findings without additional review of the underlying evidence.

1.

THE S. MATTER

In November 1975, client S. retained petitioner to represent him in a claim for damages. In May 1976, without the knowledge of S., petition

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er settled the claim for $400. In November 1976, petitioner falsely represented to S. that settlement negotiations were still pending. Thereafter, petitioner wilfully failed and refused either to communicate with S. or to respond to his inquiries until S. filed a complaint with the State Bar. Although petitioner has paid S. a portion of the settlement proceeds, $150 remains owing. The disciplinary board found that petitioner wilfully commingled and converted this $150 to his own use and benefit.

2.

THE W. MATTER

In November 1975, client W. retained petitioner to represent him in asserting a damage claim. In March 1976, petitioner settled the claim for $2,103.62 and deposited the settlement proceeds in his trust account. Upon disbursing these proceeds, petitioner represented to W. that he was forwarding to the latter’s physician $573 in payment of medical services. In fact, petitioner never paid the physician, but instead wilfully commingled and converted this sum to his own use and benefit.