In Re Richardson

Applications have been made to this court by Howell W. Richardson and Benjamin Elconin, attorneys at law, for a review of the action of the Board of Governors of The State Bar of California recommending their disbarment, following an investigation and report by Local Administrative Committee No. 6 of Los Angeles County. The two attorneys were involved in the same transactions out of which the disbarment proceedings arose, and the legal questions raised by each are exactly the same. Therefore, the applications will be considered as one proceeding.

On October 21, 1925, Lewis H. Allen was arrested in Los Angeles County and charged with a serious offense, to wit, a violation of section 288 of the Penal Code. Allen employed applicant Benjamin Elconin to represent him at the preliminary examination in the Justice’s Court and paid him between $300 and $400 for such service. Allen was held to answer before the Superior Court and his bail fixed at $5,000. He received $6,000 by a telegraphic order, which he indorsed and turned over to Elconin, who secured the money, deposited $5,000 of it as the bail and turned over the balance of $1,000 to Allen. Subsequently, Allen made a written…