Hennessy

In October, 1940, the petitioner, an attorney at law admitted to practice in this state, was charged with misconduct involving moral turpitude and dishonesty (sec. 6106, art. 6, State Bar Act), in that he retained and converted to his own use moneys of his client deposited with him for disbursement.

The petitioner was born in San Francisco in April, 1894. He became an electrician by trade and was a chief electrician in the navy in the first world war. While still following that trade he studied law and was admitted to practice in January, 1926. Prior to 1940 he was practicing law in the Mission District in San Francisco.

The facts giving rise to the charges against the petitioner are admitted. In December, 1939, he was retained by one Frank Desmond to represent him in an action for divorce commenced by his wife. The agreed fee was $50 and $15 court costs, which amounts were paid to the petitioner. In the same month the court awarded to Mrs. Desmond $40 a month as temporary alimony and $65 as counsel fees. Prior to May, 1940, Desmond paid to the petitioner an aggregate of $275 to be transmitted to his wife or her attorney on account of alimony payments and counsel fees. The…