Allen v. State Bar

THE COURT.

Claude O. Allen, who was disbarred effective November 26, 1957

(In re Allen,

52 Cal.2d 762 [344 P.2d 609]), has petitioned for reinstatement. The Board of Governors declined to recommend that he be reinstated, and the matter is now before this court for a review of the board’s action.

Allen, who is 46 years old, was admitted to the State Bar in 1954. He pled guilty in 1957 to two counts of soliciting others to commit perjury (Pen. Code, § 653f). Sentence was suspended, and he was placed on probation for three years, conditioned in part on the payment of a $2,000 fine within one year. We referred the matter to the State Bar for report and recommendation as to the extent of discipline to be imposed, and we followed the recommendation of the board that he be disbarred. In our decision we recognized that Allen, a Negro born in Mississippi, had “traveled a long way under difficult circumstances in his service to his country, and in his efforts to improve his position in the community, to participate in the activities of his church and to care for his family.”

(In re Allen, supra,

52 Cal.2d 762, 767-768.)

In 1960, upon the representation of a probation officer that all conditions of probation had been complied with, Allen’s plea of guilty was set aside, and the complaint against him was dismissed.

[914]

After Ms disbarment Allen worked as an automobile salesman, executive secretary, and chauffeur. He also engaged in a few other business activities and for a brief time did legal research for an attorney. He has made an effort to keep up with current developments in the law. Two attorneys testified that he borrowed advance sheets from them, that they discussed law with him, and that he was more familiar with recent decisions than they were. There was also testimony by another attorney that Allen helped Mm prepare for the 1961 bar examination.

Numerous witnesses testified in behalf of Allen as to their belief in his honesty, integrity, and rehabilitation. Some of them had been closely associated with him for a number of years. A deputy probation officer testified that Allen had endeavored to care for his family and regain the respect of the community. A businessman, who as a neighbor saw Allen daily, said he believed that Allen was sufficiently rehabilitated to be entitled to readmission to practice. The minister of the church of which Allen was a member gave similar testimony and also said that he had the impression that Allen had “a new realization or awakening to the responsibility and the requirements of an attorney.” Other character witnesses in Allen’s behalf included three attorneys, a dentist, and a former employer.