Hizar v. State Bar

THE COURT.

This is a proceeding to review the recommendation of the Board of Governors of The State Bar recommending disbarment.

Petitioner, J. C. Hizar, is about seventy years of age and has been practicing law in California since 1894. He is charged with the commission of acts involving moral turpitude and with the violation of his oath as an attorney. The Local Administrative Committee in San Diego found that the petitioner was guilty of the offenses charged. On August 16, 1941, following a hearing the Board of Governors adopted the findings of the Local Administrative Committee and recommended that the petitioner be disbarred.

On the first charge the petitioner was found guilty of having forged numerous documents and of having falsely acknowledged these instruments for the purpose of deceiving the public. The findings show that Joseph W. Murphy, a- client of the petitioner, died in 1929. He had been doing business as the Joseph W. Murphy Mortgage Company. He left con

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siderable property and mortgages to his wife and petitioner became attorney for the estate and for the widow Bertha Murphy. Early in 1930 Forest C. Walden, a brother-in-law of Mrs. Murphy, came to San Diego from St. Louis where he had been living, to assist Mrs. Murphy in the management of her affairs. The business of the mortgage company had been inactive. It was decided to continue it so Walden caused a certificate to be filed showing that he was doing business under the fictitious name of the Joseph Murphy Mortgage Company and that he was the owner thereof. Mrs. Murphy turned over certain mortgages and property and capital to Walden to be used in conducting the business.

In 1933 both Walden and Mrs. Murphy were sued by C. A. Carlson and Eva Carlson in a wrongful death action. To avoid financial responsibility Walden and Mrs. Murphy transferred the real estate and mortgages to one Graybill, a nephew of Mrs. Murphy who had come to San Diego from Wichita, Kansas, to work for the mortgage company as a salesman. In 1934, Gray-bill decided to go back to Kansas and Walden asked the petitioner if he could secure some one to hold the assets in the place of Graybill. James Jackson and William Kehoe were selected by the petitioner and a certificate was filed showing Jackson to be the owner and doing business as the Joseph P. Murphy Mortgage Company. Most of the property was transferred to Jackson and Kehoe. After this transfer it was necessary from time to time to have deeds executed by the legal title holders. The practice at the office of the mortgage company was to prepare these instruments for signature and to send them to petitioner’s office. Petitioner would return them after the signature and the acknowledgment had been made and attached. A judgment was entered against Mrs. Murphy and Walden in the wrongful death action but the judgment was reversed.