Urbano v. State Bar

Opinion

THE COURT.

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This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that Gino Urbano •be suspended from the practice of law for six months.

Urbano was admitted to practice in 1965. In a prior proceeding we suspended him for one year in 1975 but stayed execution of the suspension and placed him on probation on conditions which included one month’s suspension. (In re Urbano, Bar Mise. 3753.) It there appeared that he failed to maintain reasonable control over the handling by his office of clients’ funds, thereby permitting the funds to be misappropriated, failed promptly to report to clients receipt of money from settlement of their claims, and in two matters wilfully and without authority appeared as an attorney for a party.

In the instant proceeding Urbano was charged with, among other things, wilfully violating former rules 2 and 3, Rules of Professional Conduct, both of which pertained to solicitation of professional employment. (See Bus. & Prof. Code, § 6077.)

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The local committee found him culpable in two matters and recommended 60 days’ suspension. Upon

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review, the board adopted the committee’s findings, with minor changes, and unanimously recommended six months’ suspension.

In May 1972 Mrs. Julia Barcelo was taken to a hospital after being struck by a car. At the hospital a woman, whose last name Mrs. Barcelo did not recall, told the latter that she had a friend who could help Mrs. Barcelo obtain money for her injuries. The woman gave Mrs. Barcelo the business card of Raul Covar. The face of the card bore not only the inscription “Raul Covar, Investigator” and his telephone numbers but also the inscription “Gino Urbano, Law Offices” and his address and telephone number.

Covar came to the hospital to see Mrs. Barcelo and told her he “took care of these matters” and “worked with . . . Urbano.” She refused to sign papers presented to her by Covar because she did not understand them and told him to contact her brother-in-law. Covar did so. The brother-in-law thereafter advised Mrs. Barcelo to sign a retainer agreement with Urbano, and it may be inferred that she did so. She subsequently received a letter from Urbano’s office thanking her for selecting that office to represent her. Before the accident she did not know Urbano or anyone who knew him.