Tardiff v. State Bar

• Decision Date: 25 January 1971
• Citation: 3 Cal.3d 903,92 Cal.Rptr. 301,479 P.2d 661
• Court: California Supreme Court
• Parties: , 479 P.2d 661 David C. TARDIFF, Petitioner, v. The STATE BAR OF CALIFORNIA, Respondent. L.A. 29779.

Page 301

92 Cal.Rptr. 301

3 Cal.3d 903, 479 P.2d 661

David C. TARDIFF, Petitioner, v. The STATE BAR OF CALIFORNIA, Respondent.

L.A. 29779.

Supreme Court of California In Bank.

Jan. 25, 1971.

David C. Tardiff, in pro. per.

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

BY THE COURT.

This is a proceeding to review a recommendation of the State Bar that David C. Tardiff be disbarred. Petitioner does not challenge the findings of the State Bar Disciplinary Board but contends only that the discipline imposed is too severe.

Petitioner was admitted to practice in 1963; there have been no prior disciplinary proceedings against him. Upon graduation from law school, he was employed for a year and a half as a prosecutor. Thereafter, he went to work for another attorney, later leaving that employment to open his own office. The misdeeds which formed the basis for the State Bar's recommendation of disbarment occurred during the period he maintained his own office.

According to the findings, during 1967 and 1968 petitioner failed to report his receipt of drafts in settlement of his clients' claims, forged their names to the drafts, commingled the proceeds, and misappropriated the funds to his personal use. He repeatedly denied to his clients that he had received money on their accounts. This course of misconduct involved six clients represented by petitioner in separate matters.

The findings are as follows: In February 1967 petitioner represented Joshua P. Farr, Jr., in a personal injury action. The matter was settled in that month for $3,000, and petitioner promised Farr that he would receive $2,000 from the settlement and that any costs and attorney's fees would be charged against the remaining $1,000. On February 27, 1967, Farr signed a release, and the insurance company issued its draft in the amount of $3,000 in favor of Farr and petitioner. Without reporting the receipt of the draft to Farr, and without authority from him, petitioner endorsed Farr's name to the draft. He commingled the proceeds with his own funds and converted them to his own use. Between February 27, 1967, and November 15, 1967, Farr attempted numerous times to ascertain if the check had been received and petitioner repeatedly informed him that it had not. Finally, Farr's brother discovered through the insurance company that petitioner had in fact received the money. When petitioner learned that the Farrs were aware of his receipt of the draft, he stated that he would 'make it good' and that he did not wish the matter to be reported to the State Bar. Farr informed the State Bar of petitioner's misconduct and thereafter petitioner paid Farr the money due him.

Petitioner represented Nicholas Greenwald in a personal injury action and, with Greenwald's consent, settled the claim for $1,750. Greenwald signed a release on February 22, 1967, and the insurance company issued a check in that amount payable to Greenwald and to petitioner as his attorney. On February 23, petitioner told Greenwald it would take ten days to two weeks for Greenwald to receive the draft, although petitioner already had it in his possession. Petitioner without authorization signed Greenwald's name to the draft, and deposited it in his trust account after withholding $50 for his own use. He converted the proceeds and did not report receipt of the draft to his client. Greenwald attempted five or ten times to ascertain whether the settlement monies had been received, and petitioner told him that they had not and that he was having trouble getting the draft from the insurance company. Greenwald repeatedly demanded the proceeds, but petitioner refused to remit the money to him.

Another client in a personal injury matter was Mr. Martha M. Miller. On March 27, 1967, petitioner settled her claim for $4,000 and Mrs. Miller signed a release. He told her that she would receive $3,000 from the settlement and that he would retain $1,000 as his fee. The insurer issued its check to Mrs. Miller, petitioner signed her name without authorization, ¹ and he failed to report the receipt of the funds to his client. In April, May, July, and August of 1967, petitioner falsely represented to Mrs. Miller that the settlement monies had not been received. He commingled the proceeds of the draft with his funds and converted the money to his own use. In July, petitioner told Mrs. Miller that although he had not received the money he would advance her $200. He issued a check in that amount to her but it was returned by the bank for lack of sufficient funds and has never been paid.

Petitioner represented Mrs. Ida G. Hebert in a personal injury action. In May 1967 he settled the case for $500 without notifying his client, and without her authorization signed her name to a check in that amount made payable to his client and himself, deposited the check, commingled it with his own funds, and converted the money to his own use. For several months thereafter, Mrs. Hebert and her husband telephoned petitioner to ascertain the status of the case, but he refused to return their telephone calls and failed to report the fact of settlement and the receipt of the draft and its proceeds. He falsely represented to Mrs. Hebert's husband approximately four months after receipt of the draft that the case had not been settled. Thereafter, Mrs. Hebert's husband discovered that petitioner had received the draft and cashed it, and he demanded the proceeds from petitioner, who falsely stated that the check must have been cashed by another attorney. Petitioner remitted $350 to Mrs. Hebert after she had lodged a complaint against him with the State Bar.

In the latter part of September 1967 petitioner represented James V. Tedesco to collect monies due Tedesco under a medical insurance policy. Petitioner and Tedesco agreed that the claim should be compromised for $500, $333.33 of which would be paid to a doctor for medical services rendered, and the remainder retained by petitioner. On October 9, 1967, the insurance company issued a settlement draft for $500, payable to Tedesco and petitioner as his attorney. Petitioner signed Tedesco's name to the check without authorization, commingled the proceeds with his own funds, and converted them to his own use. Despite repeated demands he failed and refused to pay the doctor any portion of the proceeds.

The final impropriety with which petitioner is charged occurred in August 1968. Petitioner represented Miss Betty Mae Peterson in a personal injury action. After a jury trial, a verdict was returned in her favor in the amount of $3,100. On August 19, 1968, the insurance company issued a check in that amount payable to her and to petitioner as her attorney. On August 22, without his client's authorization, petitioner signed her name to the draft, deposited $1,600 of the proceeds in his trust account, and retained $1,500 for his own use without authorization of his client. He did not report receipt of the draft to Miss Peterson and falsely represented to her that the money had not been received. He wilfully...