Smith v. State Bar

THE COURT.

The petitioner herein has applied to this court for a review of the findings and decision of the Board of Governors of The State Bar of California recommending the suspension of this petitioner from practice as an attorney and counselor at law in this state for the period of fifteen months. Upon the filing of said application an order was duly made requiring the certification of the record of the

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proceedings before the Board of Governors of The State Bar to this court, and this having been done and the matter having been argued it has been submitted to us for decision.

On or about the eighteenth day of December, 1929, the Los Angeles Bar Association presented to the local administrative committee of The State Bar of California four separate complaints against the petitioner herein, charging him with various acts of professional misconduct and violations of the rules and regulations of The State Bar of California having reference to the professional conduct of the members thereof. In each of these complaints reference was made to a particular case in which the unprofessional acts and conduct charged against the accused were alleged to have occurred. These eases are referred to in the record transmitted to us as the “Benanti”, “Taylor”, “Grubb” and “Pena” cases. These are the names of persons who were parties plaintiff in the several personal damage actions in the course and conduct of which the petitioner’s professional misconduct is asserted. Upon the presentation of the aforesaid accusations the petitioner was duly served with orders to show cause as to each before the local administrative committee of The State Bar; and on or about January 3', 1930, he appeared and filed his answers as to each of these accusations. In each of his said answers he specifically denied the commission of any acts of professional misconduct with respect to his engagement and professional services in each and all of said cases. The matter came on for consideration before the local administrative committee of The State Bar, which held several hearings thereon,.in the course of which, considerable testimony was educed, and at the conclusion of which the said committee, on February 17, 1930, made and filed with the Board of Governors of The State Bar its findings and conclusions recommending that the accused be disbarred. Upon consideration of the matter as thus presented to the Board of Governors the latter body, on April 19, 1930, adopted a resolution disagreeing in certain respects, to be hereinafter noted, with the findings of its local administrative committee, but recommending to the Supreme Court of California that the accused be suspended for the period of fifteen months, accompanying the same, however, with a further resolution, “That the Board is largely influ