(concurring in result). I agree with my Brother Williams that whether or not attorney Whelan was guilty of negligence amounting to professional misconduct in the circumstances of this case is a matter that should be deliberately determined by the State Bar Grievance Board. I too am not impressed with their dismissal of the Request for Investigation in what strikes me as an off-hand manner.
Although I share my Brother T. E. Brennan’s misgivings about the equation of lack of prescience with negligence, I would not enshrine it as a matter of law. I think the Board should make that judgment first.
Adams, J., concurred with T. G. Kavanagh, J.