Johnson v. State Bar of California

Statement of the Case

Hardistene Howard filed a petition with the State Bar of California seeking reimbursement of the sum of $1,000 from the Client Security Fund as the sum he paid to Attorney Charles B. Johnson for the purpose of hiring him to process a claim for attorney malpractice. He sought reimbursement on the basis that Mr. Johnson had neither pursued the claim nor refunded the money. The Client Security Fund Commission instituted its investigation and subsequently issued a tentative decision proposing reimbursement to Mr. Howard of the sum of $901 as the unearned balance on the $1,000 payment made to Mr. Johnson. Mr. Johnson filed his objections to the tentative decision. Thus, on June 6, 1991, the Client Security Fund Commission conducted its hearing at which both Mr. Howard and Mr. Johnson testified. On June 6, 1991, the commission issued its final decision, making findings of fact and concluding that the failure of Mr. Johnson to return $901 to Mr. Howard after payment of only one expense of $99 constituted dishonest conduct within the meaning of rule 6(a) of the Client Security Fund Rules of Procedure of the State Bar. The commission directed the…