Burke v. State Bar of California

THE COURT.

This is a petition to review a recommendation of the Board of Governors of The State Bar of California, that petitioner be suspended from the practice of the law for a period of three months. The charges upon which this recommendation was based were solicitation of employment, and acceptance of employment on behalf of a claimant in personal injury cases as a result of the activities of an unlicensed person. The facts show that the Mexican consul at Los Angeles had organized an honorary commission with headquarters at Santa Ana, of which one Lucas Lucio was president. Lucio was instructed to investigate the difficulties of Mexican nationals in Santa Ana and see that their rights were properly protected. He reported all eases to the consulate, and was subsequently told to direct them to petitioner. Petitioner performed a great deal of gratuitous work, and also collected fees from many of the clients. He employed Lucio as an interpreter, investigator and process server, paying him between $15 and $20 per week. It appears that Lucio solicited employment of petitioner among the Mexican residents, chiefly in personal injury cases, and in one or two eases, among native-born residents. He had some of petitioner’s cards, supplied to him in order that he might direct clients to petitioner’s office. In one case he signed the contract with the client, on behalf of petitioner.

[145]

Upon this evidence the administrative committee found that while there was no direct evidence of knowledge on the part of petitioner that Lucio was soliciting employment in his behalf, the circumstances were such that petitioner was chargeable with that knowledge. From this finding the conclusion was drawn that there had been a violation of Rule 3 of the Rules of Professional Conduct of The State Bar.

In our opinion the order of suspension finds no substantial support in the record, and it is not necessary for us to go to the evidence at all, for the findings disclose the weakness and uncertainty of the'case against petitioner. These findings disclose, preliminarily, a splendid history of legal training and practice on the part of petitioner, together with academic positions in sociology, political science and economics in such institutions as Columbia University, University of Pennsylvania, University of California, Albion, Occidental and Oberlin colleges. During 1918 and 1919 he was for a time assistant director of the law school in Baume University in Burgundy, France, and from about 1921 to 1924 was a deputy district attorney in Los Angeles County.