Haley

Haley v. State Bar

Good Law
1963 Cal. LEXIS 248·33 Cal. Rptr. 609·60 Cal. 2d 404·385 P.2d 1
Supreme Court of CaliforniaSeptember 19, 1963S. F. No. 21310California473 words

Opinion

lead Opinion

Petitioner, Daniel Haley, was admitted to Petitioner, practice law in this state in 1951. The local administrative committee and the Board of Governors of the State Bar found that in January 1961 petitioner received a settlement check of $5,000 in a personal injury matter he had handled for a client; in this remittance, as petitioner knew, the State Compensation Insurance Fund had an interest of $3,750 pursuant to its lien claim which had been settled for that *405 amount. Petitioner deposited the cheek in his trustee account and thereafter appropriated to his own use the sum of $3,750 belonging to the Fund. The Board of Governors by a vote of nine to six 1 recommends that petitioner be suspended from practice for a period of one year. Such discipline appears amply warranted.

At the hearing before the board, in November 1962, petitioner stated that he had made arrangements to borrow $3,750 from his brother the following month for repayment to the Fund; that he had not discussed such arrangements with the Fund, to which he had as yet paid nothing; that the Fund had indicated “that they would be willing to accept partial payment, or any plan,” but petitioner had not “seen fit to…

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