Anderson v. State Bar

THE COURT. Petitioner herein seeks a statutory “review” by this court of a disciplinary proceeding which was instituted against him as a practicing attorney at law in this state, and which resulted in a recommendation by the State Bar to this court to the effect that petitioner be suspended from the practice of the law for a period of one year. More particularly, the sole question that is presented herein relates to whether the said recommendation should be approved; or, in the event of its rejection,—by order of this court,—to what discipline petitioner should be subjected. The facts are not the subject of dispute by the interested parties. In substance and effect they are as follows:

Petitioner, who was admitted to practice in California in August, 1923, and who has practiced continuously since that date in the city of Los Angeles, was employed on July 26, [376193]4, by Jennie Coburn, Lois Coburn and Roy Coburn as their attorney in a condemnation action. He was paid the sum of $100 and, additionally, as compensation for his services he was to receive 25 per cent of any sum in excess of $908 which might be collected for his clients in the said condemnation proceedings. On December 11, 1936, he received a warrant from the county of Los Angeles in the sum of $908 and a warrant from the city of Long Beach in the sum of $204, in settlement of his clients’ interest in the action. At about the time petitioner received the said warrants, his mother was taken seriously ill and required extensive medical care and treatment. Petitioner was without cash resources of his own with which to meet the entire cost of such treatment, and he thereupon cashed the warrants received on behalf of his clients and used the money to procure necessary medical care and attention for his mother. At that time petitioner was enjoying a good law practice and he expected to be able to replace the money so used by him. However, he did not notify his clients that he had received the warrants.

In February, 1940, Jennie Coburn learned of the fact that the said warrants previously had been delivered to petitioner and thereupon demanded payment from him. Shortly before that time, petitioner had been injured in an automobile accident, and on her demand that he pay her the money he explained that he could not make immediate restitution, but that he would make repayment of the entire sum, with interest, over a period of time. Unwilling to accept that arrangement, Jennie Coburn filed a complaint in that connection with the State Bar, and thereafter that body instituted the instant proceedings against petitioner. A short time later he borrowed sufficient money and repaid his clients the total amount of the said warrants, together with seven per cent interest thereon,—and making no deduction for the percentage of the $204 to which, as hereinbefore stated, he was entitled as attorney’s fee.