In re Moran

• Decision Date: 21 October 1940
• Docket Number: C. D. 555.
• Citation: 106 P.2d 571,5 Wn.2d 679
• Court: Washington Supreme Court
• Parties: In re MORAN.

106 P.2d 571

5 Wn.2d 679

In re MORAN.

No. C. D. 555.

Supreme Court of Washington, En Banc.

October 21, 1940

Proceeding in the matter of the discipline of C. G. Moran, an attorney at law, wherein the Board of Governors recommended that respondent be disbarred from further practice of law.

Respondent disbarred.

STEINERT Justice.

At the direction of its board of governors, the Washington State Bar Association filed against respondent C. G. Moran a complaint setting forth nine causes of action for alleged unprofessional conduct. Two supplemental complaints were subsequently filed, each setting forth an additional cause of action. A hearing upon all the charges was duly had Before a trial committee of the bar association, at which hearing respondent appeared in person and by counsel. Upon the basis of the testimony adduced, the trial committee made findings of fact sustaining the validity of ten of the causes of action, and recommendten that respondent be suspended from the practice of law in the state of Washington for a period of three years, and that he also make full restitution of all sums owing by him as alleged in the several causes of action. Upon review of the matter by the board of governors, it was unanimously resolved (one of the members of the board not participating) that the findings of the trial committee be adopted and approved, but that it be recommended by the board that respondent be disbarred from further practice of law in this state.

Pursuant to Rule XLIV, Rules for Discipline of Attorneys, 193 Wash 105-a, the cause was entered upon the docket of this court for consideration and disposal. No objections to the findings or to the recommendation of the board were filed by respondent, and the cause was submitted without argument or brief from either party.

The findings are set forth at length and in detail. We limit ourselves to a statement of their substance, in relation to the various causes of action.

I. Respondent borrowed from an attorney the sum of $228 upon the representation that the money was to be used, together with other money, to purchase for a client of respondent certain property from the state tax commission, and upon the promise that he would take title to the property in the name of the lending attorney and, for the use of the funds, would pay the latter the sum of $40 out of his attorney's fee in the transaction. Upon respondent's failure to take title to the property as agreed, the lending attorney made demand for the return of his money. Respondent thereafter delivered to the lender two checks to cover the above amounts. Both checks were returned by the bank marked 'N. S. F.' (Not Sufficient Funds). Later, upon threats that complaint would be made to the bar association, respondent paid the amounts of the checks.

II. Respondent instituted an action for a client, upon a contingent fee basis, to recover rent due upon certain real estate and for the loss of certain machinery. Without the knowledge of his client, respondent obtained judgment in the sum of $15 plus costs amounting to $47.40. Respondent delayed entry of the judgment for a period of nine months, and in the meantime failed to inform his client of the fact that judgment had been granted or of the amount thereof. After collecting the judgment, he failed to report that fact to his client, but repeatedly stated that the matter had not been closed. In the meantime, another year's premium on the cost bond filed in the action became due. At the insistence of the local administrative committee, to whom complaint had been made, respondent filed the judgment, paid the premium on the bond, and settled with his client.

III. Respondent induced a third party to advance the sum of $200 as one-half of the amount which respondent was to use in bidding in certain property at a tax foreclosure sale. The property was not acquired as contemplated, but despite that fact respondent failed to refund the money to the owner, although frequent demand was made for its repayment.

IV. The fourth cause of action grew out of alleged false representations to a client and an alleged failure to take proper steps in certain litigation. At the conclusion of the testimony upon that charge, the trial committee dismissed the cause.

V. Respondent collected for a client the sum of $500 upon a sale of certain hotel furniture, but failed to pay over the proceeds to the client, although repeated demands therefor were made. Later, respondent delivered to his client a check for $450, which was not paid by the bank because of insufficient funds in respondent's account. Complaint was made to the bar association, and respondent subsequently repaid the money in installments.

VI. Respondent was employed to probate an estate, the total assets of which consisted of funds in two savings accounts aggregating $825.16. Shortly after the commencement of the probate proceeding, respondent induced the executor of the estate to withdraw $404.34 of those funds and to deliver that amount to him, out of which he agreed to pay the claims against the estate, including a funeral bill of $150, and the expenses of administration. During the next seventeen months respondent failed to take any further step in the proceeding, whereupon he was ordered by the local...