Green v. State Bar

LANGDON, J.

This is a petition to review a resolution of the Board of Governors of The State Bar recommending the disbarment of Samuel W. Green, petitioner herein.

The testimony before the local administrative committee of the county of Sacramento is practically uncontradicted, and establishes the following facts: Petitioner was engaged to act as attorney for Daniel Oliveria in a suit to collect the sum due on a promissory note, the agreement being that in the event of collection the fee would be $400. Some time in February, 1928, the action was successfully concluded and the defendant paid the sum of $1266.16 to petitioner, which sum petitioner deposited in his single bank account under the name of S. W. Green, trustee. He made no mention of the conclusion of the litigation to Oliveria until October, 1928, when he sent him a check for $500. On November 11, 1928, he wrote to Oliveria that he was

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having difficulty in collecting the rest of the money from the adverse party. On January 12, 1929, he sent Oliveria a check for $350 bearing the date of January 17, 1929, which sum appears to have been the balance due the client, after deducting expenses and the fee. In his accompanying letter he gave the death of his aunt as the reason for his being short of funds, and also promised to send a complete statement in a few days covering “all of the money involved”. The check was cashed by Oliveria at the Bank of Italy, Concord branch, on January 22, 1929. It was thereafter returned, marked “Account closed.” On two subsequent occasions Oliveria, upon advices from petitioner, deposited the check, with the same result. On February 21, 1929, he placed the matter in the hands of another attorney, who demanded payment. Petitioner wrote back in reply that he had been ill and was trying to raise' the money on a loan from friends, and that he appreciated Oliveria’s leniency and desired a little more time. The attorney answered, giving him until March 1st. Thereafter, on March 15th, the check was placed in the hands of the district attorney of Sacramento County. Several conferences were held in his office, but his efforts to secure payment were likewise unsuccessful. On September 13, 1929, petitioner was served with a complaint before the local administrative committee of The State Bar, verified by Oliveria as complainant, and setting forth the above facts. The next day the money was paid to the bank.