Davidson

This is an appeal from a judgment declaring that a certain parcel of real property situate in the city and county of San Francisco was held by W. W. Davidson at the time of his death for the joint benefit of himself and the plaintiff, each owning an undivided one-half interest therein. The defendants and appellants are the sons of the deceased, one of them being the administrator of the estate. It is their contention that the contract with Davidson relied upon by the plaintiff to establish her claim to the said undivided interest constituted a partnership to practice law; and that since the plaintiff was not an attorney at law the contract was contrary to public policy and void, hence affording no foundation for her claim. They also contend that the court erred in refusing to admit certain evidence. W. W. Davidson for more than twenty years preceding his death was a duly admitted practicing attorney, devoting his attention principally to divorce litigation. From January, 1904, to January, 1913, he was a teacher in one of the *Page 253 public night schools of San Francisco. He had for many years been addicted to the excessive use of intoxicating liquors, which habit manifested…

The petition for a rehearing in the supreme court after decision of the district court of appeal in this cause is denied. That portion of the opinion of the district court of appeal declaring that the services performed by the plaintiff in the law office of the deceased, W. W. Davidson, constituted the practice of law is, in our opinion, not warranted by the record. [3] It is lawful for an attorney to employ any person to take charge of the management of the work to be done in his office to the extent of drawing pleadings and papers necessary to be drawn by such attorney in his practice, and to agree to pay such person for such services a fixed percentage of the receipts of the attorney from his clients. Such an agreement is not an agreement to become partners in the practice of law. It is an agreement to hire the person as an assistant or clerk in the office, the wages being fixed by reference to the fixed percentage of the receipts of the office. The evidence and the findings show and the findings declare that this was the relation between the plaintiff and the deceased attorney. [4] The additional agreement, whether made at the same time as the other or subsequently, that the…