Eschwig v. State Bar

24 Cal.2d 70 (1944) CONSTANTINE FITZGERALD ESCHWIG, Petitioner,

v.

THE STATE BAR OF CALIFORNIA, Respondent.

S. F. No. 16941. Supreme Court of California. In Bank.

Apr. 3, 1944. John A. Foley for Petitioner.

Jerold E. Weil for Respondent.

THE COURT.

This is a proceeding to review the recommendation of the Board of Governors of The State Bar that petitioner be suspended from the practice of the law for a period of six months.

Petitioner was charged with having violated his oath and duties as an attorney at law within the meaning of section 6103 of the State Bar Act, in that he grossly neglected the interests of a client. Petitioner denied the charge and the [71] matter proceeded to hearing before a local committee. It appears that in September, 1941, petitioner, then practicing at Tule Lake, was retained by the client to recover possession of a harvester which the conditional vendor had repossessed. At the time, the client delivered to petitioner two documents or orders representing the contract for purchase of the harvester. Approximately one month later, petitioner moved his office to San Francisco. In February, 1942, petitioner filed an action in Siskiyou County on behalf of his client--explaining herein that he could not do so earlier because he had to await the furnishing of certain information which he received in San Francisco in a letter from his client. He also states that he spent considerable time in attempting to effect an amicable adjustment without suit, as instructed by his client. Due to petitioner's delay in handling the matter, the client requested return of the two orders. Approximately two weeks after opening his office in San Francisco, petitioner sent his client one of the orders. Repeated requests were made for the other one, without result. After the action had been filed, the client associated another attorney with petitioner. Pending hearing of a demurrer in the action, the associate made several written requests for the missing purchase order, to which petitioner made no reply. The client then complained to The State Bar, and petitioner for the first time advised his client and associate counsel that he had lost one of the purchase orders.