Simmons

Simmons v. State Bar

Good Law
1970 Cal. LEXIS 302·2 Cal. 3d 719·87 Cal. Rptr. 368·470 P.2d 352
Supreme Court of CaliforniaJune 24, 1970L.A. 29667California5,235 words

Opinion

Opinion

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be disbarred.

Facts: Petitioner was admitted to practice in this state in December 1955. He has twice been suspended from practice for misappropriation of clients’ funds—November 25, 1966, for two years on conditions of probation, including actual suspension for the first year (Simmons v. State Bar, 65 Cal.2d 281 [ 54 Cal.Rptr. 97 , 419 P.2d 161 ]), and March 21, 1969, for a period of four years on conditions of probation, including actual suspension for the first two years (Simmons v. State Bar, 70 Cal.2d 361 [ 74 Cal.Rptr. 915 , 450 P.2d 291 ]).

In the present proceeding, as will hereinafter appear, the evidence shows that petitioner wilfully abandoned his clients’ interests in three civil cases, resulting in loss of the clients’ rights or defenses. In one case, two clients (Mr. and Mrs. Mack Pollings) suffered the dismissal of their complaint against three defendants, and petitioner failed to pursue their complaint against the fourth and primary defendant in a matter in which they had suffered damages of almost $50,000. In another case, three…

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