Alberton

Alberton v. State Bar

Good Law
1987 Cal. LEXIS 381·238 Cal. Rptr. 374·43 Cal. 3d 638·738 P.2d 720
Supreme Court of CaliforniaJuly 13, 1987S.F. Nos. 24988, 24703California1,827 words

Opinion

lead Opinion

We have consolidated two separate State Bar proceedings recommending that Richard G. Alberton, who was admitted to practice in 1950, be disbarred. S.F. 24703 is a rule 955 referral where the State Bar Hearing Panel and Review Department found that Alberton wilfully failed to comply with the provisions of rule 955, California Rules of Court. In S.F. 24988, Alberton was found to have committed various acts of misconduct in his capacity as attorney for an estate and trustee of a testamentary trust.

We conclude that the recommendation of disbarment is fully warranted and adopt it.

S.F. 24988

In S.F. 24988, the hearing panel found: Alberton had prepared a will for Mr. Vivian Skogsberg which appointed Alberton as coexecutor without fees, as attorney for the estate with statutory fees, and as trustee of a testamentary trust with fees to be approved by the court. Shortly after Mr. Skogsberg’s death in July 1973, Alberton met with decedent’s wife, Mrs. Wesley Skogsberg, who paid him $600 as fees at Alberton’s request even though no probate proceedings had been commenced or court approval obtained.

Alberton thereafter commenced probate proceedings and was appointed coexecutor.…

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