Oliver v. State Bar

Opinion

THE COURT.

Petitioner was admitted to the State Bar of California in 1967 and began the private practice of law in 1968, maintaining offices in San Bernardino, Riverside, and Los Angeles Counties. He has a prior disciplinary record.

[320]

The-facts, as.found.by the local administrative committee and concurred in by the disciplinary board, show that in the spring of 1969, petitioner was retained by complainant Fox, a real estate broker. Fox had several actions pending against him for the recovery of brokers’ commissions and buyers’ deposits. In one such action, defended by petitioner, a judgment of $2,000 plus costs and interest was obtained against Fox and another broker, O’Donnell.

Following the judgment, petitioner wrote to Fox, directing him to forward a check payable to the trust account to cover the judgment, costs, and interest. Petitioner informed his client the check would be sent to satisfy the judgment creditors, avoiding levy of writ of execution against Fox’s accounts. In May 1969 petitioner received the requested check and in June deposited it in his trust account.

Although on several occasions petitioner withdrew funds from the account, he never forwarded money to the creditors.

The client testified he was unaware, until execution was levied on his bank account, that petitioner had failed to satisfy the judgment. Subsequent to the levy, Fox made numerous attempts, continuing until October 1969, to reach petitioner. In November of 1969 petitioner’s phone service was terminated, and no means were provided for the parties involved in the Fox action to communicate with him.

Fox and O’Donnell were finally required to pay an additional sum of over $600 to meet their obligation. After commencement of these proceedings, petitioner made restitution..

Petitioner attempts to explain his handling of the Fox matter on the basis of inadvertence, secretarial problems, and recuperation from an operation. However, as found by the board, his explanations are vague and equivocal.

The local committee, finding violation of petitioner’s oath and duty as an attorney (Bus. & Prof. Code, §§ 6103, 6067, 6068) and commission of acts involving dishonesty and moral turpitude (Bus. & Prof. Code, § 6106), recommended a three-year suspension from practice.