Propp

This is a proceeding to review the recommendation of the Board of Governors of The State Bar that the petitioner be suspended for a period of six months.

The petitioner was charged with the violation of his oath and duty as an attorney at law within the meaning of section 6103, State Bar Act, and with the commission of acts involving moral turpitude within the meaning of section 6106.

The record shows that in September, 1938, the complaining witness, Mrs. Banks, was served with summons and complaint in a suit on a promissory note brought against her by the Universal Discount Company. She went to the petitioner for advice. It appeared that she had executed the note in favor of Dr. Smulson, a dentist, in payment for dental work which she claimed had been unsatisfactory. The dentist had transferred the note to the Universal Discount Company. The petitioner advised her to settle the action on the note and to file a separate suit for malpractice against Dr. Smulson. She agreed to this procedure. The petitioner settled the claim on the note and filed an action against Dr. Smulson for general damages in the sum of $1,500 and special damages in the sum of $175. An agreement was made…