Magee

Magee v. State Bar

Good Law
1962 Cal. LEXIS 268·24 Cal. Rptr. 839·58 Cal. 2d 423·374 P.2d 807
Supreme Court of CaliforniaSeptember 27, 1962S. F. No. 21037California3,599 words

Opinion

lead Opinion

Petitioner challenges a finding by the Board of Bar Governors that he abused the confidence placed in him by an aged client, Mary Rohde, in drawing a will naming him the residuary beneficiary of her estate and in accepting a substantial cash gift from her. The board recommended that he be suspended from the practice of law for two years. *

The board’s finding followed two hearings by a local administrative committee. The committee twice concluded that petitioner obtained the testamentary gift and the inter vivos gift *426 by undue influence, emphasizing that he had “gained an advantage over his client” and that he presented “no substantial evidence ... to show that these transactions were fair and just.” In its findings, the board does not mention undue influence, but states: “Respondent [petitioner] knew or reasonably should have known that [the gifts] were unnatural dispositions and that said acts of Mary Rohde were caused by her advanced age and impaired mental facilities. Respondent’s acts and omissions in said transactions as herein found constituted an abuse of the confidence of his client. ...” The board’s findings will nevertheless be viewed in the light of the entire…

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