McMorris v. State Bar

[98]Opinion

THE COURT.* Petitioner, Samuel Carter McMorris, was admitted to the practice of law in this state on January 14, 1954. On December 8, 1977, this court suspended petitioner from the practice of law for one year for acts of misconduct occurring between 1975 and 1977. Probation was imposed without any actual suspension. (Bar Misc. No. 4028.) Thereafter, on September 20, 1978, we suspended petitioner for 90 days for further infractions. (Bar Misc. No. 4077.)

In the present proceeding, the record discloses additional acts of misconduct occurring during the period from June 1975 to November 1978, including three counts of failing to perform services for clients. Under these circumstances, we accept the State Bar’s recommendation that petitioner be suspended from the practice of law for 180 days.

Because petitioner does not contest the findings of the Disciplinary Board of the State Bar, we briefly summarize those findings without additional review of the underlying evidence.

1. The Warfield Matter

On June 13, 1975, petitioner agreed to represent Mabel Warfield in an action to recover damages for personal injuries resulting from a slip and fall incident. Thereafter, petitioner failed and neglected fully to perform the services for which he was retained, and failed adequately to respond to Miss Warfield’s inquiries regarding the case.

2. The Simon Matter

On December 10, 1976, Josie Simon retained petitioner to represent her in connection with a dispute with neighbors. Thereafter, petitioner failed and refused to use reasonable diligence in representing Miss Simon and in responding to her frequent calls. In addition, petitioner unduly delayed in returning to her a retainer fee.

[993]. The McNack Matter

In 1976, on some unspecified date, petitioner agreed to represent Lynette McNack in an action to recover damages for personal injuries sustained following delivery of her baby. Thereafter, petitioner failed and neglected fully to perform the services for which he was retained, and failed adequately to respond to Mrs. McNack’s inquiries regarding the case.