Grove v. State Bar

THE COURT In two proceedings consolidated for hearing, the State Bar of California recommended, respectively, disbarment and suspension of Alan Grove, member of the State Bar. Since we agree that petitioner should be disbarred, we consider only the former complaint, and dismiss the suspension proceeding, S.F. 22480.

In its order to show cause, which petitioner admitted receiving, the State Bar alleged 15 counts of professional misconduct including failure to file or defend suits or otherwise perform services for clients, retaining fees for services not performed, failure to report money collected for clients, false representation, and purposeful evasion of communication with clients. Petitioner failed to appear at the local administrative committee hearing, and he offered no testimony before the disciplinary board. He made a “special appearance” before the board, contesting its jurisdiction. Before this court he contended that the board lacked “in personam jurisdiction” because of improper service of notice of its hearings.

Because his argument is completely unsubstantiated by the record, and since counsel appears to have conceded the board’s jurisdiction in his supplementary brief, we hold that the proceedings before the committee and the board were proper. The board dismissed five of the fifteen counts; we accept the board’s findings on the remaining ten, and we set forth the basic facts there involved.

1. In September 1963 petitioner was employed as attorney for Josephine Fischer. He told her that he would file suit for her in a personal injury matter. He failed to file the suit and the client's claim became barred by statute of limitations. [682]Moreover, petitioner did not respond to a great many telephone calls from her.

2. In September 1963 petitioner was retained by Mr. and Mrs. John D. Nicholson to represent them in an adoption proceeding. He told them and the court that he would prepare two necessary documents. Upon his failure to do so, the court prepared the documents.

3. Petitioner was employed in April 1961 by Mr. and Mrs. Peter V. Lepore to represent them in a personal injury claim. He told them that they should not worry about their medical bills, but that they would be met by their insurance company. When his clients were served the summons and complaint for payment of the bills, petitioner agreed to handle the action. He failed to contest the action and, pursuant to a default judgment, Mr. Lepore’s earnings were garnisheed. He did not respond to numerous telephone calls from his clients.