Bodisco

Petitioner, Andrew Bodisco, seeks a review of the recommendation of the Board of Governors of the State Bar that he be disbarred. Pour members of the board voted against the recommendation on the ground that the discipline was too severe.

Mr. and Mrs. Charles Martin employed petitioner in July 1958 to bring an action against Safeway Stores, Inc., for personal injuries sustained by Mrs. Martin. In March 1958 petitioner orally negotiated a settlement agreement for $2,250 with Safeway’s attorney. Petitioner testified to the effect that before entering into the agreement he discussed the settlement with the Martins and that they said, “Andy, if that’s the most you can get, $2250, ... we don’t like it but if that’s the most you can get I guess we’ll have to take it. Go ahead.” The Martins testified that they discussed the possibility of a settlement with him but that they did not authorize him to settle for $2,250.

The Martins’ daughter later wrote to petitioner stating in effect that she would not permit her parents to settle for less than $10,000. Her letter was not received by petitioner until a few days after the oral settlement agreement was entered into. Petitioner talked with…