In Re Biaggi

THE COURT.

This is an appeal from an order made by the trial court, after a trial and hearing, whereby it was adjudged and decreed “that William R. Biaggi, the respondent, be suspended from the practice of law for the period of five years. That at the end of two years respondent may apply to be reinstated, and that, if it be proved to the satisfaction of the court at that time that the respondent has fully and fairly complied wih the order of suspension and has not directly or indirectly, or by any subterfuge whatsoever, practiced or attempted to practice law, either by securing assignments of causes of action to himself, or in any other manner, then, in that event, that the respondent be restored to the roll of attorneys. On the other hand, at the .end of two years, if it shall appear to the court that he has directly violated the order of court, or been guilty of any additional conduct involving moral turpitude, that, at that time, .an order of permanent disbarment be entered by the court. In the event that the court is not satisfied by the showing made by the respondent at the end of two years, and does not permanently disbar the respondent, in accordance herewith, then, in that event, the order of suspension shall continue in force for the entire period of five years.”

It is contended that in proceedings for suspension or disbarment the judgment or order should specify the particular charge or accusation upon which the attorney was disbarred or suspended. The rule contended for is applied chiefly to contempt proceedings where suipmary action has been taken without the formalities of accusation, answer, etc., and where the record consists of the order of suspension alone.

(In re Shortridge,

5 Cal. App. 379, [90 Pac. 478] ;

Ex parte Henshaw,

73 Cal. 497, [15 Pac. 10] ;

State

v.

Watkins,

3 Mo. 480;

Crites

v.

State,

74 Neb. 687, [105 N. W. 469].) It has been held that where the accusation in a disbarment proceeding charges certain facts which show conspiracy and prays that accused be found guilty and be disbarred, the final order of the court that the application of plaintiff shall be granted is a sufficient finding of the guilt