In Re Ryzek

WORKS, J.

On August 5, 1924, applicant filed his formal application for admission to the bar. As required by the terms of section 279 of the Code of Civil Procedure the application went to the state board of bar examiners for investigation and report, the application having been based upon applicant’s admission to the bar of sister states and upon consequent practice therein. Section o 279 provides, among other things, that any person falling within a certain classification, who “has been admitted to practice law in the highest court of a sister state, . . . and who, after such admission, has been engaged in actual practice of law within such state . . . for a period of at least three years within the period of seven years immediately preceding the filing of his application, may be admitted to practice in all the courts of this state.” After due investigation the state board of bar examiners recommended that applicant be not admitted to the'bar “solely because of insufficient former practice.” Applicant now petitions that he be admitted notwithstanding this adverse recommendation.

It will be observed that the seven years within which appellant must have practiced three years in a sister state commenced on or about August 5, 1917, and ended August 5, 1924, the date of the filing of the application from which this proceeding follows. Applicant was first admitted to the bar by the highest court of Oregon in 1907. He regularly practiced his profession in that state until 1911, when he removed to the state of Washington. There he was admitted by the highest court of the state on May 12th of the same year, but the admission was for one year only and doubtless must be regarded as having been of a probationary character.

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This latter fact appears from the nature of the statute of Washington under which the license was issued: “Members of the bar of other states having been entitled to practice in the highest courts of record of their respective states for at least two years immediately preceding their application for admission to practice in this state, provided that such applicant upon showing the qualifications as provided in the next preceding section, the court, if satisfied of the applicant’s fitness shall enter an order permitting such applicant to practice law in this state for a period of one year, at the end of which time the court being satisfied that such applicant is of good moral character and a fit and proper person to practice law in this state, an order shall be entered so admitting such applicant.” No order was made as required by this statute at the end of applicant’s probationary year, if it is to be so regarded, and he asked for no such order. Nevertheless, he continued uninterruptedly to practice law within the borders of the state until in 1921, a period of ten years in all, when he removed to Montana. He was admitted to the bar of that state on April 4, 1921, and practiced there until December, 1923, a period of two years and eight months, when he came to California. For a period of five months after his arrival in this state applicant advised his clients in Montana by letter and prepared “legal papers” which were filed in the courts of that jurisdiction.