Rock v. State Bar

THE COURT. — This is a proceeding to review a recommendation of the Board of Governors of The State Bar of California that petitioner be suspended from the practice of law for a period of 90 days.

The record discloses that (1) December 15, 1959, petitioner received from his client, Mr. Bodine, of Arizona, an endorsed settlement check for $900, in which Mr. Bodine had a $650 interest, and deposited the check in his own bank account, rather than in a “trust” bank account as specified in rule 9 of the Rules of Professional Conduct;* (2) December 22, 1959, Mr. Bodine wired petitioner from Arizona, demanding payment of the amount due him; (3) December 29, 1959, Mr. Bodine sent a letter to petitioner by registered mail from Arizona, requesting remittance by certified check, and he received a return receipt bearing the signature of petitioner’s secretary as of December 30, 1959; (4) petitioner claimed he sent a remittance of $650 on December 29, 1959, to Mr. Bodine by a so-called “wild” cheek (no entry thereof being made in petitioner’s check record) and a letter, which were never received by Mr. Bodine, and the originals were not produced at the hearing before respondent; (5) December 31, 1959, petitioner withdrew from his bank account $180, reducing the balance in the account to less than $650, to wit, $517.99; (6) subsequent withdrawals reduced the bank account balance to as low as “about $3”; and (7) April 22, 1960, petitioner withdrew $700 from the account to purchase a cashier’s check payable to Mr. Bodine for $650, which was sent to him with a letter referring to the sending of the alleged prior cheek.

Petitioner contends: First: That the following findings of the Board of Governors are not supported by the evidence: [726](i) That petitioner “did not on December 29, 1959, or at amy other time, mail or cause to be mailed the original of the letter of December 29,1959 . . . nor did he issue or cause to be issued the check referred to in said copy of letter”; and (ii) that petitioner “wilfully commingled the sum of $650.00 belonging to his client, W. 0. Bodine, ivith his own funds and wilfully used said funds for his own purposes.”

Petitioner’s contention is devoid of merit. These rules are here applicable:

(1) In a disciplinary proceeding against an attorney, findings of fact by local administrative committees and the Board of Governors are not binding on the Supreme Court, which will weigh and pass upon the sufficiency of the evidence to sustain the findings of the board. (Sturr v. State Bar, 52 Cal.2d 125, 127 [1] [338 P.2d 897].)