Ridley v. State Bar

• Citation: 99 Cal.Rptr. 873,493 P.2d 105,6 Cal.3d 551
• Court: United States State Supreme Court (California)
• Decision Date: 03 February 1972
• Parties: , 493 P.2d 105 Cornell RIDLEY, Petitioner, v. The STATE BAR of California, Respondent. L.A. 29818. In Bank

Page 873

99 Cal.Rptr. 873

6 Cal.3d 551, 493 P.2d 105

Cornell RIDLEY, Petitioner, v. The STATE BAR of California, Respondent.

L.A. 29818.

Supreme Court of California,

In Bank.

Feb. 3, 1972.

Benjamin N. Wyatt, Jr., Los Angeles, for petitioner.

F. LaMar Forshee, Herbert M. Rosenthal and Ronald W. Stovitz, San Francisco, for respondent.

BY THE COURT.

The Disciplinary Board of the State Bar has unanimously recommended that petitioner Cornell Ridley be disbarred, and he seeks in this proceeding to review the board's recommendation.

Petitioner was admitted to practice in 1954. The only disciplinary action previously taken against him was a private reproval in 1965. On the basis of extensive evidence received at hearings before a local administrative committee in Los Angeles, the board found that between 1961 and 1968 petitioner had been guilty of professional misconduct in 10 matters.

In four cases, the board found, petitioner promised to perform legal services for clients, accepted fees for the performance of these services, but failed to carry out his promises or to return the fees. In one situation an action was dismissed due to petitioner's failure to pursue the matter, and in another he failed to file a complaint before the statute of limitations had elapsed. It was also found that he had withheld payment of a client's funds, assisted an unauthorized person to practice law, concealed assets from creditors, and practiced law with knowledge that he was suspended from practice. In addition, the board found that on many occasions petitioner had made false statements to his clients as well as to committees of the State Bar investigating the complaints of clients against him.

Failure to Perform Services or Return Fees ¹

I. On March 8, 1965, Harry Merritt retained petitioner to obtain a 'DEFAULT OUT OF COUNTY DIVORCE,' PAYING A fee of $283. petitioner filed a complaint on Merritt's behalf in April, and an answer was filed by Merritt's wife. Originally the amount of child support payments to be made by Merritt was in dispute between the parties, but they finally agreed between themselves as to the sum of such payments. After the agreement was reached, Merritt instructed petitioner to obtain a default divorce, but petitioner refused to answer Merritt's telephone calls and correspondence, refused to obtain the divorce in accordance with his agreement, and refused to return any of the fee paid to him by Merritt.

Merritt testified that he grew weary of all the time and trouble, felt he 'wasn't getting any place,' and his wife went to Nevada, established residence for six weeks, and obtained the divorce.

Petitioner claimed that Merritt had asked if it would be agreeable with petitioner if the Merritts obtained other counsel for the divorce. Petitioner could not remember whether he took any further action on the Merritt matter, and could not find his office file in the case. ² He now claims that he was at all times ready and willing to proceed in Merritt's behalf but was never instructed to do so by his client. He also states that he sent Mrs. Merritt some papers to sign regarding increased child support payments, but that she had not returned the papers to him. According to the State Bar this claim is made for the first time before this court.

II. On May 25, 1965, Gladston Belnavis, a television repairman, retained petitioner to represent him in securing a divorce. He paid petitioner a $105 retainer, and a few days later petitioner filed a complaint for annulment. Petitioner appeared in court on August 23, 1965, and moved for a 15-day extension to file an amended complaint. Belnavis paid petitioner another $50 in September 1965. Petitioner falsely represented to Belnavis that he had filed an amended complaint within the 15-day period. In fact, no amendment was filed until March 1967. Petitioner also falsely told Belnavis that the divorce was final and that Belnavis would receive a paper to that effect shortly. Ultimately, Belnavis discovered that a divorce had not been obtained, and he secured another attorney. Petitioner performed no further services for Belnavis and he wilfully failed and refused to refund the fee Belnavis had paid him.

The Belnavis matter was under investigation by the State Bar and, on December 12, 1966, petitioner wrote the State Bar that Belnavis had not paid the fee and had not paid petitioner the amount required to file the amended complaint.

Petitioner claimed that Belnavis had decided his wife would obtain the divorce. He explained his failure to return the fee as follows: Belnavis was paid $250 by petitioner to fix some television sets. The work was not satisfactory, and petitioner had informed Belnavis that he would return some of the fee if Belnavis accomplished the repairs. Belnavis testified that he fixed two or three television sets for petitioner, but stated that petitioner paid him in cash for the work and no controversy developed over the matter.

III. On August 25, 1966, Mrs. Gilda R. Roberson retained petitioner to represent her in a divorce action filed against her by her husband, who also sought custody of their child. She paid him an $82 retainer to represent her in these proceedings. On September 2, 1966, a default was taken against Mrs. Roberson in her husband's action. She attempted many times to contact petitioner by telephone or by mail, but he refused to communicate with her, to appear on her behalf, or to perform any services for her. On February 7, 1967 different counsel was substituted for petitioner, and the new attorney ultimately succeeded in obtaining an order awarding custody of the child to Mrs. Roberson, but was not able to have the default divorce set aside.

Some time after the default was entered Mrs. Roberson met petitioner at a nightclub. Petitioner asserted on that occasion that Mrs. Roberson owed him $150 for representation in a prior criminal matter and he stated at the hearing that it was agreed he could keep the $82 retainer paid him in the divorce proceeding for his efforts on Mrs. Roberson's behalf in the criminal case. Mrs. Roberson denied that petitioner had ever performed any legal services for her. Petitioner claims that he did not proceed with Mrs. Roberson's representation because she told him she intended to employ another attorney. She denied making such a statement and testified that she had told petitioner she would retain another attorney if he did not wish to represent her and that petitioner had replied, 'No. Everything is all right.'

IV. On October 1, 1966, petitioner was retained by Mr. and Mrs. Donald Bisson to file a bankruptcy proceeding, and they paid him a $350 retainer fee. The Bissons tried repeatedly to reach petitioner thereafter, leaving messages at his home, his office, and his answering service, but petitioner refused to return their calls. Finally, they engaged another attorney to file for bankruptcy. The trustee in bankruptcy attempted to collect the $350 fee paid to petitioner, who returned $100 of that amount on February 8, 1967, and promised that the balance would be paid within 30 days. The trustee again demanded payment on April 7, 1967. Petitioner did not reply to this demand, and has not paid the remaining $250.

The Bissons complained to the State Bar, and petitioner made various representations to the committee investigating the matter. On December 12, 1966, petitioner wrote the State Bar that he had not filed the bankruptcy proceeding for the Bissons because there were some outstanding checks written by Mr. Bisson for which there were insufficient funds. The State Bar asserts that petitioner's excuse for failing to file the petition is spurious and that the outstanding checks had no effect on the bankruptcy filing. In fact, the bankruptcy had been filed by the attorney engaged by the Bissons about a week before petitioner represented to the committee that his failure to file was due to the existence of these outstanding checks.

Petitioner falsely represented to the investigating committee that he had made arrangements to pay the $250 he owed the Bissons within six months. He also told the investigating committee that he had been dealing with a Mr. Ward at the Home Savings and Loan Association for the purpose of obtaining a loan on his home to repay the $250. However, no loan application was on file on petitioner's behalf with Home Savings and Loan Association and, on the contrary, petitioner was in default under an existing loan to that institution. In fact, at the time petitioner told the committee he was negotiating for a loan the lending company was in the process of seeking a writ of possession against petitioner's home because of his default on the existing loan, and the property had already been purchased at a trustee's sale.

Petitioner claimed in his testimony before the administrative committee that he had completed a loan application prior to his representation to the State Bar investigating committee and had given it to one John W. Perry to file, and that Perry had told petitioner the application had been submitted to Home Savings and Loan Association. He also testified to several telephone conversations with a Mr. Ward at the lending company in which, petitioner asserted, Ward gave him to understand that he would receive additional money on his home by refinancing or through a second deed of trust. Ward denied any dealings with petitioner regarding the possibility that petitioner might obtain a loan from the company.

Failure to File or Prosecute Actions for Clients

I. On July 21, 1961, Zola Mae Goff retained petitioner for the purpose of filing a malpractice suit against a Dr. Saxon. She paid him $15 of a $50 retainer, and executed a contingency fee agreement. Petitioner filed a complaint on her behalf on June 18, 1962, and Mrs. Goff furnished him with medical reports and documentary evidence relating to the litigation. For more than two years Mrs. Goff was unable to contact...