Call v. State Bar

CARTEE, J.

— I concur in the result reached by the court. I agree with the opinion insofar as it expresses the rule that negligence of an attorney is not a proper ground for disciplinary action. I do not, however, approve of the holding of the majority in the following cases cited in the opinion for the reasons stated in the concurring or dissenting opinions thereto. (See Trusty v. State Bar, 16 Cal.2d 550 [107 P.2d 10], dissenting opinion at p. 554; In re McKenna, 16 Cal.2d 610 [107 P.2d 258], dissenting opinion at p. 612; Stephens v. State Bar, 19 Cal.2d 580 [122 P.2d 549], concurring opinion at p. 584; Herron v. State Bar, 24 Cal.2d 53 [147 P.2d 543], dissenting opinion at p. 68; Clark v. State Bar, 39 Cal.2d 161 [246 P.2d 1], dissenting opinion at p. 175; Lowe v. State Bar, 40 Cal.2d 564 [254 P.2d 506], dissenting opinion at p. 571.) The holding of the majority in the case at bar appears to be in accord with the views expressed by me in my concurring and dissenting opinions in the above cited cases, with which view I am still in accord.