Eschwig v. State Bar
Eschwig v. State Bar
Opinion of the Court
This is a proceeding to review the recommendation of the Board of Governors of The State Bar that petitioner be suspended from the practice of the law for a period of six months.
Petitioner was charged with having violated his oath and duties as an attorney at law within the meaning of section 6103 of the State Bar Act, in that he grossly neglected the interests of a client. Petitioner denied the charge and the
Petitioner testified before the committee that he had failed to return the second order because he had been unable to find it and was reluctant to admit the loss of it until he “was satisfied that it was useless to look further,” and that he disliked “going on record” as admitting he had lost the paper. He also testified that at about this time his wife became seriously ill and spent considerable time in a sanitarium, thus placing the care of a child upon him. Petitioner further explained that not until the time of trial were the purchase orders needed to establish his client’s cause of action. It also appears that petitioner obtained from counsel for the vendor photostatic copies of all pertinent contracts or orders, which he presented at the committee hearing.
At the conclusion of its hearings the committee made findings and concluded that petitioner had violated his oath and duties as an attorney, and recommended that he be given a
We are of the opinion that a reprimand, as recommended by the local committee, is sufficient discipline under the circumstances, and this opinion shall constitute such reprimand.
Dissenting Opinion
Dissenting. The only dereliction of professional duty charged to the petitioner in the findings of fact made by the local administrative committee and adopted by the Board of Governors is that he neglected his client’s business. This finding, considered in connection with the committee’s conclusions stated in the form of a “recommendation,” certainly does not show any conduct which justifies disciplinary action under the rules heretofore laid down by this court. (Stephens v. State Bar, 19 Cal.2d 580 [122 P.2d 549]; Trusty v. State Bar, 16 Cal.2d 550 [107 P.2d 10]; Waterman v. State Bar, 8 Cal.2d 17 [63 P.2d 1133]; Marsh v. State Bar, 2 Cal.2d 75 [39 P.2d 403]; Marsh v. State Bar, 210 Cal. 303 [291 P. 583].) Accordingly, in my opinion, the proceeding should be dismissed.
Reference
- Full Case Name
- CONSTANTINE FITZGERALD ESCHWIG, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent
- Cited By
- 4 cases
- Status
- Published