Blair

Blair v. State Bar

Good Law
165 Cal. Rptr. 834·1980 Cal. LEXIS 181·27 Cal. 3d 407·612 P.2d 924
Supreme Court of CaliforniaJuly 3, 1980L.A. No. 31213California1,458 words

Opinion

lead Opinion

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (the board) that the petitioner be suspended from the practice of law for two years on specified conditions of probation, including actual suspension of six months. Petitioner was admitted to practice law in California in 1963 and, as will appear, he has a prior disciplinary record. Petitioner raises certain procedural objections and also contends that the recommended discipline is too severe. We will uphold the board’s recommendations.

1. The Hayes Matter

In 1974, Michael Hayes retained petitioner to prosecute a personal injury claim. The case was settled for $9,250 and on January 9, 1976, *410 petitioner received and deposited the settlement draft in his client’s trust account. On January 15, 1976, petitioner paid to Hayes $3,389.97 from the settlement funds, and agreed to pay from the remainder of the funds various obligations (medical expenses and legal fees owing to another attorney). Despite his promise, petitioner delayed in .paying these bills for 19 months, and until after Hayes had complained to the State Bar.

At the State Bar hearing Hayes testified that he contacted…

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