Sanchez 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 three months. Petitioner was admitted to practice law in California in 1961 and has no prior disciplinary record.

Petitioner was charged in two counts of violating his oath and duties as an attorney (Bus. & Prof. Code, §§ 6067, 6068, 6103) and the commission of acts involving moral turpitude and dishonesty (Bus. & Prof. Code, § 6106), in that he was grossly negligent in the handling of matters entrusted to him by his clients.

Jaramillo Matter (Count I)

On or about November 14, 1967, petitioner’s office was retained to represent Mr. Victor Jaramillo in a personal injury matter. Jaramillo paid petitioner $300. Petitioner had earlier defended Jaramillo in a criminal matter that resulted in a dismissal. Jaramillo claimed to have been mistreated when arrested by the police, and a civil complaint for damages was filed against the City of San Diego. The action was dismissed for failure to serve summons within three years.

Petitioner testified that he had not seen Jaramillo following the conclusion of the criminal matter and did not know that a civil complaint had been filed by his office until notified by the State Bar that Jaramillo had complained against him. After the file was found in the “dead files,”

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petitioner apologized to Jaramillo and accepted responsibility for the dismissal. He offered to repay him $300, which Jaramillo refused because he had filed a malpractice action against him.

Petitioner testified that he did not know who prepared the complaint; that he did not prepare it; that the signature thereon was not his; and that his name was signed by an employee who was not authorized to practice law. He was a sole practitioner and the only employees were a law student and secretaries, none of whom was authorized to sign his name to any documents.

Alfaro Matter (Count II)

Mrs. Anna Alfaro paid petitioner $210 to represent her in a personal injury action, and a complaint was filed July 27, 1967. The only services performed by petitioner were the preparation of interrogatories, appearing with Mrs. Alfaro at a deposition in 1968, and the filing of an at-issue memorandum on August 13, 1971. He signed neither the complaint nor the at-issue memorandum. On September 22, 1972, the action was dismissed for failure to bring it to trial within five years.