Worth v. State Bar

Opinion

THE COURT.

We review recommendation of Disciplinary Board of the State Bar that petitioner Arthur A. Worth be disbarred. (Bus. & Prof. Code, § 6083, subd. (a); Cal. Rules of Court, rule 952(a).) Such recommendation is grounded on misappropriation of client’s funds and presentation of false and fabricated testimony to the hearing panel, as found by the disciplinary board.

Petitioner, admitted to the practice of law in 1952, is currently in a probationary status for mishandling a client’s funds and other related misconduct.

(Worth

v.

State Bar

(1976) 17 Cal.3d 337 [130 Cal.Rptr. 712, 551 P.2d 16].)

In December 1973 petitioner negotiated a $2,700 settlement of a claim for personal injuries to a minor. On December 12 the minor’s mother,

[709]

Shirley Jensen, endorsed an insurance company draft and a “Parent’s Release and Indemnity Agreement,” notarized by petitioner on that date. Petitioner advised Mrs. Jensen the minor’s net recovery—$1,633—would be deposited in a trust account. She testified that she thereafter received a letter dated December 14, 1973, setting forth an accounting of the proceeds from the insurance draft but that she did not then receive any money other than $151 reimbursement for medical expenses.

Petitioner denied mailing the letter, testifying that on December 14 Mrs. Jensen came to his office where the letter was dictated and delivered to her; that she demanded the $1,633; that he paid her in cash and she endorsed his office copy of the letter: “Received the above in cash. Shirley Jensen.” Petitioner produced such an office copy bearing the purported, undated endorsement.

In 1974 Mrs. Jensen moved from California to Missouri and at that time attempted to obtain the $1,633 from petitioner. When no satisfactory response was received, she filed a complaint with the State Bar. Petitioner was given notice of the complaint in September 1975. Mrs. Jensen testified petitioner came to her Missouri home on August 10, 1976, and paid her $1,878 in currency, including $245 in interest.