Penaat

Penaat v. State Bar

Good Law
1944 Cal. LEXIS 296·25 Cal. 2d 26·152 P.2d 442
Supreme Court of CaliforniaOctober 20, 1944S. F. No. 17016California3,609 words

Opinion

Lead Opinion

Petitioner seeks a review and the dismissal of a disciplinary proceeding wherein it has been recommended *28 that he be suspended from the practice of the law in this state for a period of six months.

The charges are based upon petitioner’s alleged solicitation and purported representation under contingent fee contracts of a group or league of claimants of an insolvent building and loan association. The Board of Governors concluded, as ground for suspension, first, that petitioner solicited one claimant in violation of rule 2 of the Rules of Professional conduct, and second, that petitioner violated his oath and duties as an attorney and committed acts involving moral turpitude in: (a) attempting to collect from two claimants legal fees which petitioner knew were not owing to him or to the league for which he was acting as attorney; (b) sending the claimants letters by which petitioner intended to deceive in certain particulars; (c) failing to advise three claimants from whom petitioner collected fees that in addition to such compensation they were liable for fees awarded by the court to attorneys of record in representative actions; and (d) preparing and filing with the State…

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