Townsend

The Board of Governors of The State Bar has recommended that Vince Monroe Townsend Jr., be suspended from practice for a period of 30 days. Upon his petition, the proceeding is before this court for review.

Joseph B. Brown employed Townsend to protect his interests as an heir and otherwise in the estate of Elna Brown. The asserted misconduct is based upon the attorney’s refusal to pay certain amounts collected by him from the executrix of the estate. By withholding a portion of these amounts, it is charged, he violated his oath and duties as an attorney at law and rule 9 of the Rules of Professional Conduct of The State Bar.

There is no dispute as to the amounts collected by Townsend from the estate and he admits that he withheld them from his client. But he claims to have done so because of their disagreement concerning the amount to which he is entitled as attorney’s fees.

At the outset of the attorney-client relationship, Brown-paid Townsend $50 and they entered into a contract whereby Townsend was to receive, in addition to that amount, 40 per cent of all property or money recovered by him from the estate.

Shortly thereafter, two checks, made payable to Brown and totaling…