Galbraith v. State Bar

WASTE, C. J.

Proceeding to review an order of the Board of Governors of The State Bar of California recommending that petitioner be suspended from the practice of the law in this state for a period of three months.

This recommendation is based on a finding, made by a local administrative committee and approved by the Board of Governors, that petitioner “is guilty of professional misconduct by reason of the facts alleged in the first, second and fourth counts of [the] notice to show cause and admitted in the verified answer of [petitioner] on file. ...” Examination of the first count discloses that petitioner was retained by a person admittedly guilty of driving an automobile while intoxicated, a felony, to procure a reduction of the charge to that of reckless driving, a misdemeanor, to which the offender was to plead guilty, and be released with as small a fine as possible. This was done and petitioner was paid a fee for his services in procuring the offender’s release. During the course of the employment the offender admitted his guilt to petitioner and admitted that he was intoxicated at the time of the accident. Thereafter, and without his client’s knowledge or consent, petitioner instituted an action for damages against said client on behalf of a person injured by said client in the accident out of which arose the penal charge. It does not appear that petitioner disclosed to the injured person his prior professional relations with the offending driver. Upon objection being made to petitioner appearing as counsel for the plaintiff in the damage suit, and under direction of the trial court before whom the cause was pending, petitioner withdrew as counsel of record.

The second count involves the same type of misconduct. After being retained to obtain probation for an offender admittedly guilty of assault with intent to commit robbery, and after severing his connection with the offender, petitioner commenced an action for damages on behalf of the victim of the assault against his former client. This was done without the former client’s knowledge or consent and apparently without disclosing to the injured person petitioner’s prior professional relations with the offender.

[332]

Again petitioner withdrew from the ease only" after objection had been made and sustained by the court before whom the damage suit was pending.