In Re Abbott

Opinion

THE COURT.

*

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that William Abbott be disbarred.

Abbott, a 51-year-old attorney admitted to practice in 1958, pleaded guilty to a charge of grand theft. In October 1972 the court sentenced him to prison but suspended execution of the sentence and placed him on five years’ probation on conditions including one year in jail and the making of restitution.

In December 1972 we placed Abbott on interim suspension since the crime involved moral turpitude (Bus. & Prof. Code, § 6102, subd. (a)), and after the judgment of conviction became final, we referred the matter to the State Bar on the issue of discipline. Following an evidentiary hearing, both the local committee and disciplinary board unanimously recommended disbarment.

In law school Abbott received various honors before graduating in 1957. After serving as a research attorney for a judge, he entered private practice in Sacramento in 1959 and practiced continuously until the latter part of 1971.

Abbott’s conviction arose out of his misappropriation of $29,500 belonging to his clients, Mr. and Mrs. Richard Ruhstaller. On April 1, 1971, they retained him to attempt to rescind a contract to purchase a

[252]

motel. He falsely represented to them that before he could commence such a proceeding they were required to deposit $29,500 with him to show their ability to perform pursuant to the contract.

The Ruhstallers delivered the $29,500 to Abbott, and he deposited the money in his trust account on April 2, 1971. Had the deposit not been made, the account would have contained insufficient funds to cover a $4,520 check he had previously issued on the account. He misappropriated most of the $29,500 within about two months and ultimately the entire sum.

When the Ruhstallers delivered the $29,500 to Abbott, they asked him to return the money later that same month. About April 12, 1971, he falsely represented to them that the money was in a 7 percent interest bearing account. No such account existed. They then agreed to his retaining the funds until the case was settled. He subsequently made several interest payments to them out of his own funds in furtherance of the misrepresentation. In October 1971 he wrote them a letter in which he referred to “our suit for fraud,” when in fact he had prepared, but not filed, a complaint on their behalf.