Sullivan v. State Bar

THE COURT. Petitioner, Leo Aubrey Sullivan, seeks a review of the recommendation of the Board of Governors of the State Bar that he be disbarred.

In February 1953 Daniel Pederson paid Sullivan $300 to represent him in a criminal proceeding, and in April he paid Sullivan an additional $400 and was given a receipt stating that the money was to be used “for a forfeiture” and to finish the case. Thereafter Pederson was convicted, fined $400 and placed on probation. Sullivan promised to use the money to pay the fine, but he failed to do so, notwithstanding requests by Pederson and the latter's probation officer.

Pasko Domick, who had previously employed another lawyer to defend a civil action, paid Sullivan $500 in December 1953 [748]to assist in the defense. Sullivan did not consult with the other attorney, or appear in court, or in any way assist in the defense of the action. After the trial Sullivan agreed to return the fee, but he failed to do so, and Domiek obtained a default judgment against him.

Early in 1953 Jose Bravo was arrested in San Francisco and allegedly “beaten up” by the arresting officers. He paid Sullivan $140 to represent him in the defense of the criminal action and to bring a civil action against the officers for using unreasonable force in effecting his arrest. Sullivan represented Bravo at the criminal trial and prepared a verified claim against the police officers and certain city officials which was served by Bravo at Sullivan’s direction. Thereafter Sullivan told Bravo that there had been an offer to settle the case for $35,000, that the amount had been reduced and that an insurance company was holding $30,000 to pay the claim. These representations were false, and in fact Sullivan did not file any action or perform any services in connection with the claim, no settlement was obtained, and no money was received by Bravo.

Sullivan was retained to defend Donald Heintz on a charge of grand theft and was paid a fee for representing him at the trial. Heintz was convicted and placed on probation for a period of three years. Thereafter, in February 1954, Heintz paid Sullivan $300 for services to be rendered in seeking to have the judgment of conviction set aside. The receipt for the payment stated that the money was to be returned if Heintz was not “completely discharged of all charges” in five days. He was not freed of the charges, no motion for a new trial was made or appeal taken, and no other proceedings were initiated in the case by Sullivan. Although request was made for return of the $300, the money had not been repaid at the time of the hearing in October 1957.