# Fitzsimmons v. State Bar

> California Supreme Court · August 18, 1983 · 34 Cal. 3d 327

URL: https://www.frixlaw.com/law-library/cases/9537601

## Case

- **Full name:** EDWARD R. FITZSIMMONS, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent
- **Court:** California Supreme Court
- **Decided:** August 18, 1983
- **Citations:** 34 Cal. 3d 327; 193 Cal. Rptr. 896; 667 P.2d 700; 1983 Cal. LEXIS 219
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bird
- **Judges:** Bird
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537601

## Opinion text

BIRD, C. J., Concurring and Dissenting.
I concur in the judgment of the court. However, I do not agree that petitioner’s failure to obtain a written receipt from S amounted to a violation of his oath and duties as an attorney or involved moral turpitude. (See maj. opn., ante, at pp. 331-332.)
Evidence presented at the State Bar hearings showed that petitioner specifically asked his client C about whether to obtain a receipt from S. C replied, “No receipt. She’d be insulted [referring to S]. We’ve been dealing together since 1936, and we’ve been in a lot of tight conditions [szc] together. We’re old friends.”
Thus, petitioner acted according to his client’s express wishes in not asking S for a receipt. Under these circumstances, I fail to see how petitioner’s actions amounted to misconduct and/or moral turpitude. I do not believe that any statutory provision, rule of court, or prior decision of this court requires an attorney, over his client’s objection, to insult an “old friend” of the client.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537601. Public record. Not legal advice.