Martin

A jury decided that defendant, an attorney, committed professional malpractice when, in 1963, he unsuccessfully defended plaintiff on a felony charge. As a result of his conviction plaintiff was imprisoned for about four years. Damages were fixed at $20,000. Defendant appeals.

Facts

During the night of November 25, 1962, plaintiff wanted to speak to his estranged wife, Wilma, over the telephone. She was then visiting Mr. and Mrs. Manuel D. Nelson at their home in the City of Gardena. Mr. Nelson, who took plaintiff’s call, told him that Wilma did not want to talk to him. Plaintiff said: “You can’t stop me from talking to my wife . . . brother, you are dead. ... I have a gun and I am coming over to kill you.” At about 2 a.m. plaintiff fired eight shots in front of the Nelson home. Later that night plaintiff was arrested in his car and found in possession of a pistol. He was then charged with three misdemeanors: disturbing the peace (Pen. Code, § 415), carrying a concealed weapon within a vehicle (Pen. Code, § 12025), and simple assault (Pen. Code, § 240), the named victim being Mr. Nelson. On November 27, 1962, plaintiff, without counsel, pleaded guilty to disturbing the…