Eschwig

THE COURT.

This is a proceeding to review the recommendation of the Board of Governors of The State Bar that petitioner be suspended from the practice of the law for a period of six months.

Petitioner was charged with having violated his oath and duties as an attorney at law within the meaning of section 6103 of the State Bar Act, in that he grossly neglected the interests of a client. Petitioner denied the charge and the matter proceeded to hearing before a local committee. It appears that in September, 1941, petitioner, then practicing at Tule Lake, was retained by the client to recover possession of a harvester which the conditional vendor had repossessed. At the time, the client delivered to petitioner two documents or orders representing the contract for purchase of the harvester. Approximately one month later, petitioner moved his office to San Francisco. In February, 1942, petitioner filed an action in Siskiyou County on behalf of his client--explaining herein that he could not do so earlier because he had to await the furnishing of certain information which he received in San Francisco in a letter from his client. He also states that he spent considerable time in…

This is a proceeding to review the recommendation of the Board of Governors of The State Bar that petitioner be suspended from the practice of the law for a period of six months.

Petitioner was charged with having violated his oath and duties as an attorney at law within the meaning of section 6103 of the State Bar Act, in that he grossly neglected the interests of a client. Petitioner denied the charge and the *71 matter proceeded to hearing before a local committee. It appears that in September, 1941, petitioner, then practicing at Tule Lake, was retained by the client to recover possession of a harvester which the conditional vendor had repossessed. At the time, the client delivered to petitioner two documents or orders representing the contract for purchase of the harvester. Approximately one month later, petitioner moved his office to San Francisco. In February, 1942, petitioner filed an action in Siskiyou County on behalf of his client—explaining herein that he could not do so earlier because he had to await the furnishing of certain information which he received in San Francisco in a letter" from his client. He also states that he spent considerable time in attempting to…

Dissenting. The only dereliction of professional duty charged to the petitioner in the findings of fact made by the local administrative committee and adopted by the Board of Governors is that he neglected his client’s business. This finding, considered in connection with the committee’s conclusions stated in the form of a “recommendation,” certainly does not show any conduct which justifies disciplinary action under the rules heretofore laid down by this court. (Stephens v. State Bar, 19 Cal.2d 580 [ 122 P.2d 549 ]; Trusty v. State Bar, 16 Cal.2d 550 [ 107 P.2d 10 ]; Waterman v. State Bar, 8 Cal.2d 17 [ 63 P.2d 1133 ]; Marsh v. State Bar, 2 Cal.2d 75 [ 39 P.2d 403 ]; Marsh v. State Bar, 210 Cal. 303 [ 291 P. 583 ].) Accordingly, in my opinion, the proceeding should be dismissed.