Opinion

Myers v. State Bar

  • 4 Cal. 2d 528
  • 50 P.2d 795
  • 1935 Cal. LEXIS 578
Court
California Supreme Court
Filed
Oct 29, 1935
Status
Published
Author
Conrey
On the bench
Conrey, Waste
Cited by
0 cases
Authority
More cited than 26.1%

The opinion

CONREY, J., Dissenting.

I dissent.

The case against petitioner is one wherein it appears that in his relation of attorney-at-law he exacted (and took security for) a promise to pay a fee of $150, which was an exorbitant fee to charge against “a client admittedly of limited means for a most trivial service”. (Goldstone v. State Bar, 214 Cal. 490, 498 [ 6 Pac. (2d) 513 , 80 A. L. R. 701].) If we eliminate from petitioner’s description of the work done by him, that part which was shiftless and unnecessary (“made work”), the remainder is very small indeed. Moreover, the evidence justifies the conclusion that petitioner knowingly misled his client by failure to disclose facts which the client was entitled to know.

Petitioner has not sustained the burden of showing that the bar committee’s findings are against the clear weight of the evidence. For that reason I hesitate to agree to an order which in effect reverses the decision of the Board of Governors of The State Bar.

Shenk, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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