Kennedy v. the State Bar

THE COURT.

On January 12, 1938, the petitioner was served with a notice to show cause why he should not be disciplined for professional misconduct. The local administrative committee of The State Bar, for Fresno County, heard the charges, made its findings of fact, and recommended disbarment. Subsequently the Board of Governors adopted the findings of the committee and recommended to this court that the petitioner be disbarred from the practice of the law. The petitioner does not dispute the truth of the facts disclosed by the record, but he contends that under all the circumstances a reprimand is a sufficient disciplinary measure to accomplish the end .and object of the proceedings before The State Bar.

The petitioner was born in San Jose, California, and is now 59 years of age. It is represented that his family and his family’s associates have been prominent in the political and economic history of the state. The petitioner was admitted to practice law in this state in May, 1905, after completing his law studies at Stanford University. The record indicates that the petitioner practiced law in San Jose after his graduation until he enlisted in the World War. Prom 1918 to 1929 he was not engaged in the practice of the law. In 1928 he suffered personal injuries, including injuries to his head and brain, in an automobile accident. When he was

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deemed sufficiently recovered, he settled in Coalinga, California, with the intention of starting a law practice there.

In 1932 the petitioner received from Pacific Credit Association of San Francisco for collection the claim of Houbigant, Inc., against Flentge Drug Co. He collected $10 on the account and sent $5 thereof directly to Houbigant, Inc., instead of to the forwarder, retaining the same amount as his “minimum fee”, although it was questionable whether he was entitled to more than $3.72.

In the same year Credit Clearing House Adjustment Corporation of New Orleans, Louisiana, forwarded to the petitioner a small claim for collection. Within the year he collected $30.91 from the debtor, but failed to remit any amount to the corporation. Upon complaint being made to The State Bar soon thereafter he contended that he had “misplaced” his file; but thereupon he sent his check for $20.61 as the forwarder’s proportion of the collection. That check was dishonored but the petitioner later made good the amount.