Libarian v. State Bar

THE COURT.

— In May, 1942, the petitioner, admitted to practice law in this state in 1932, was charged with violations of his oath and duties as an attorney within the meaning of rule 2 of the Rules of Professional Conduct. After hearings before the local administrative committee and the Board

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of Governors it was found that he had intentionally solicited professional business by advertising in violation of the rule. It was rcommended that he be suspended from the practice of the law for a period of three months. The petitioner filed the present proceeding for a review of the findings and recommendation.

The petitioner was born in Turkey in 1892 of Armenian parents. He is a graduate of the law schools of the University of Istamboul, Turkey, of the University of Paris, and of the Detroit College of Law. He practiced law in Constantinople, Turkey, and in Detroit, Michigan, before his admission to the California Bar. He was naturalized in Michigan in 1928.

In addition to the facts charged which form the basis of the findings in the present proceeding, it was also considered by the committee and the board that the petitioner had received a public reprimand in a prior proceeding involving somewhat similar facts. In July, 1941, he had been charged with the violation of rule 2 in having circulated by door to door distribution several thousands of cards designating himself as attorney and notary, announcing the removal of his law office, and listing fees charged for five items of notarial and legal work. He admitted the charge, but urged as excuse or in mitigation the difficulty that he was then experiencing in earning sufficient to pay rent and to support his wife and two year old child, the probability that his wife, who was then in the Bast, would not return to him if he was suspended, the showing that he had not committed any act of dishonesty, the “solemn promise” made in his answer and to the committee. A public reprimand only was then administered.

Additional facts which were not disclosed at the time of that hearing are the following: In 1941, from January to April both inclusive, the petitioner mailed several hundred letters announcing the removal of his office and listing sixteen items of legal services, the reduced fees charged therefor, and the fact that 25 cents was the charge for affixing his seal as a notary. The petitioner maintained his law office at his residence. On June 30, 1941, because of inability to pay rent, he again removed his office and home to a number on the same street about ten doors from his former residence. A large sign reading on each side “INCOME TAX RETURNS $1.00 and UP,” which had been maintained on the roof of his former residence was placed on this new home,