Bar Assn. of San Francisco v. Cantrell

BRITTAIN, J.

The Bar Association of San Francisco accused Russell W. Cantrell, an attorney and counselor at law, of certain acts in his office as attorney which were alleged to have involved moral turpitude and dishonesty within the scope of subdivision 5 of section 287 of the Code of Civil Procedure, which provides that an attorney and counselor

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may be removed or suspended “for the commission of any act involving moral turpitude, dishonesty or corruption, whether the same be committed in the course of his relations as an attorney or counselor at law, or otherwise, and. whether the same constitute a felony or misdemeanor or not; and in the event that such act shall constitute a felony or misdemeanor, conviction thereof in a criminal proceeding shall not be a condition precedent to disbarment or suspension from practice therefor.”

The accusation was in four counts, to one of which a demurrer was sustained. The other three counts may be summarized as follows: First, that the respondent, who was the attorney for the executor and executrix of the will of Alice Wall, a deceased person, after the admission of the will of the decedent to probate, for the purpose of seeking additional employment and compensation, wrote to one Alice Foley, a beneficiary under the will, then residing in the state of Connecticut, informing her that he was acting as the attorney for the executor and executrix, and further stating, “As I deem it advisable for the quick winding up of the estate to have the parties interested represented by as few attorneys as possible, I write to inquire" if you desire me to represent you in this proceeding”; that on receipt of this letter, Alice Foley, through her attorney in Connecticut, wrote the respondent for a copy of the will and for such papers as the respondent might suggest she should sign; that on February 27, 1914, the respondent replied as follows: “Under our law foreign heirs or beneficiaries under a will must have a local agent to represent them. This appointment may be made either voluntarily or through an order of court.” It is further alleged that these statements were untrue. Both the statements and their untruth are conceded.

Second, that the statements set forth above were made and that in March or April, 1914, the respondent in fact became the attorney of Alice Foley, and as such attorney and for her, on or about January 24, 1917, he received from the executor and executrix of the will in question the sum of $751.15, in payment of the legacy to her; that the respondent “willfully and fraudulently neglected and failed to pay said sum of money to said Alice Foley,” and appropriated it to his own purposes against her will and consent;