Mitton v. State Bar

THE COURT.

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

The local administrative committee found in one count a violation of rule 7 (representing conflicting interest) and rule 10 (improperly advising on a case without being consulted in reference thereto) of the Rules of Professional Conduct. In other counts the local committee also found three solicitations in violation of rule 2 and recommended that petitioner be disbarred. The Board of Bar Governors dismissed all counts except two, each of which charged a solicitation. The board found each of the two counts to be true and recommended that petitioner be suspended from the practice of law for three months on each count, the suspension on each count to run concurrently.

It appeared in the proceedings that a former associate of petitioner was involved. After a lengthy investigation, the local administrative committee concluded that the associate was “a reluctant and ignorant participant in the activities” and was “far less culpable” than petitioner. The local committee also concluded that there were not sufficient facts to warrant disciplinary proceedings against the associate. Accordingly, the matter concerning the associate is closed.

On one count of solicitation, the board found that on or about May 30, 1954, petitioner wilfully solicited professional employment from Mr. and Mrs. Rob R. Middleton; that neither Mr. or Mrs. Middleton was a client or former client

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of petitioner; that they did not get in touch with him or request anyone else to do so on behalf of either of them; and that petitioner was unknown to them prior to his solicitation of them. The essential elements of the solicitation are admitted by petitioner. The evidence indicates that Mrs. Middleton was involved in an accident about 2 a. m. on Sunday, May 30, 1954. She was taken by ambulance to the Palo Alto Hospital. Petitioner learned of the accident by seeing a police accident report. That same day petitioner got in touch with his associate and they went to the hospital sometime during the afternoon. Mrs. Middleton was not talking at that time, so petitioner and his associate conversed with Mrs. Middleton’s sister, Marion J. McBlhiney. Later that evening petitioner and his associate returned to the hospital and urged Mr. Middleton to retain them as counsel. At that time Mr. Middleton signed an attorney’s retainer agreement. Both Mr. and Mrs. Middleton and Marion McElhiney testified that they were given to understand that petitioner and his associate were eyewitnesses to the accident. Petitioner admits that he was not an eyewitness but denied that he ever stated otherwise.