Myers

It is recommended to this court by the respondent State Bar that petitioner, an attorney-at-law, be suspended from practice for a period of three months because of the alleged violation of his oath and duties as an attorney. Specifically, it is found that petitioner withheld certain facts material to his employment by and services for a client and that he attempted to collect an unconscionable fee for such services. This proceeding was instituted by petitioner to review the action so taken against him.

It appears that in November, 1933, one Eugenio Vasquez entered a plea of guilty to a charge of violating the State Narcotic Act. Under the judgment of the court, Vasquez was given the alternative of serving three years in the county jail or serving said three years on probation in the Republic of Mexico, of which country he was a native. The sentence, including the terms of probation, was announced in open court in the presence of Vasquez, his then counsel (a deputj^ public defender of Los Angeles County), and an interpreter. After Vasquez had served approximately six months of the sentence in the county jail, his wife called at petitioner’s office to enlist his aid in procuring…

I dissent.

The case against petitioner is one wherein it appears that in his relation of attorney-at-law he exacted (and took security for) a promise to pay a fee of $150, which was an exorbitant fee to charge against “a client admittedly of limited means for a most trivial service”. (Goldstone v. State Bar, 214 Cal. 490, 498 [ 6 Pac. (2d) 513 , 80 A. L. R. 701].) If we eliminate from petitioner’s description of the work done by him, that part which was shiftless and unnecessary (“made work”), the remainder is very small indeed. Moreover, the evidence justifies the conclusion that petitioner knowingly misled his client by failure to disclose facts which the client was entitled to know.

Petitioner has not sustained the burden of showing that the bar committee’s findings are against the clear weight of the evidence. For that reason I hesitate to agree to an order which in effect reverses the decision of the Board of Governors of The State Bar.

Shenk, J., concurred.