In Re Morganstern

WORKS, P. J.

Petitioner was admitted to the bar of California in 1889. He took up his residence in San Diego in 1908 and engaged in a lucrative law practice in that city from that time to the period of his disbarment. The judg

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ment which thrust him. from, the profession was entered January 9, 1922, pursuant to an accusation which was filed September 6, 1921. The grounds of the accusation are stated in the opinion

In re Morganstern, 61

Cal. App. 702 [215 Pac. 721], in which the judgment of disbarment was affirmed upon appeal.

Petitioner’s application in the present proceeding was filed October 2, 1926. Thereafter, and following the filing of an answer to the petition by respondent San Diego Bar Association, the matter was sent to referees for the taking of evidence and for findings upon the questions whether petitioner is possessed of both the mental and moral qualifications entitling him to re-admission to the bar. The referees took evidence, as directed, and haVe filed their findings. One of the findings is to the effect that there is such doubt as to petitioner’s mental qualifications as to render necessary an examination to test them. To this finding one of the three referees entered his dissent. The written exception of petitioner to the finding has been interposed.

Upon the score of petitioner’s mental qualifications we shall refer to the testimony, given before the referees, of several of those who were the associates of petitioner as fellow practitioners at the bar of San Diego before his disbarment. One of these said: “I have not seen him in court this last year, but speaking to him and seeing him personally I see no difference in his mental attitude now and what it was when he was practicing law. . . . He is very acute; he is a good lawyer; he is a good trial lawyer. ... [I believe] he has the ability to perform the duties of an attorney-at-law in an efficient and able manner ...” Another lawyer testified: “Q. Have you had an opportunity to judge of his mental and legal attainments? A. Well, I have always regarded Mr. Morganstern as a very brilliant man, a man with a wonderful mind and a man of some attainments, and as I said, I regard him as rather brilliant. . . . [U]nless he has deteriorated since he has been disbarred I regarded him as competent then, and I have no reason to change my opinion. ... I have seen him and I have not seen any evidence of deterioration. ... I say if he has abandoned [certain habits which will be referred to later in this opinion] he certainly has the ability; he is