Gelberg

Gelberg v. State Bar

Good Law
11 Cal. 2d 141·1938 Cal. LEXIS 282·78 P.2d 430
Supreme Court of CaliforniaApril 15, 1938L. A. No. 16559California2,070 words

Opinion

Lead Opinion

This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner, Samuel S. Gelberg, be suspended from the practice of the law for a period of one year. The board of governors by a unanimous vote adopted the findings of fact made by the local committee which heard the charges against petitioner, but by a divided vote rejected the recommendation of the local committee that he be given only a public reprimand. The petitioner prays this court to adopt the recommendation of the local committee. He does not deny *142 that he was guilty of negligence in the conduct of his practice, as found by the committee.

The local committee found that petitioner had been “guilty of negligence in overlooking and overseeing his office, permitting a system of nonproperty owning employees to sign bonds of various kinds as an incident of and as a part of their employment without any recognition or knowledge on their part of what they were doing and without any expectation on their part to be bound”. The committee further found that investigation by the respondent of the course of conduct in his office would quickly have disclosed this practice, and proper…

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