Grove

Grove v. State Bar

Good Law
1965 Cal. LEXIS 187·46 Cal. Rptr. 513·63 Cal. 2d 312·405 P.2d 553
Supreme Court of CaliforniaSeptember 13, 1965S. F. No. 22071California1,287 words

Opinion

lead Opinion

Petitioner, a member of the bar since June 17, 1959, was charged by a local administrative committee with violating his duty as an attorney (Bus. & Prof. Code, § 6103) by misleading a judge (Bus. & Prof. Code, § 6068, subd. (d)) and by committing acts of moral turpitude and dishonesty (Bus. & Prof. Code, § 6106). The local committee found against petitioner. The Board of Governors agreed with the committee’s findings and recommended a three-month suspension.

In September 1961 Adell S. Benner retained petitioner, who maintains offices in Hayward, to represent her in an action for divorce against her husband, Elmer E. Benner. In October 1961 petitioner served Mr. Benner with an order to show cause, returnable in Department No. 15 of the Alameda County Superior Court, at 2 p.m. on November 22, 1961. Approximately one week prior to November 22, Patrick Coleman, Mr. Benner’s attorney, telephoned petitioner from Los Angeles and requested a continuance on the ground that he anticipated being in trial in Los Angeles on November 22. Since Mrs. Benner had complained of the delays her two previous attorneys had incurred, petitioner refused the request. On the morning of November 22, Mr.…

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