Lindenbaum v. State Bar

CARTER, J.

I concur in the conclusion reached, but upon the sole ground that there is sufficient evidence from which an inference can be drawn that petitioner’s motive in talking with Alice Shelton Lansing after the creditors’ meeting was to attempt, by a veiled threat at least, to induce her to pay him the amount her husband owed him. His conduct in this regard bordered on attempted extortion and was reprehensible, justifying the discipline administered.

I do not, however, agree that petitioner should be disciplined for writing the letters to the Bureau of Immigration, as I think that he had a legal and moral right to do what he did in this regard. If he had such right, his motive in exercising it is immaterial. (J. F. Parkinson Co. v. Bldg. Trades Council, 154 Cal. 581 [98 P. 1027,16 Ann.Cas. 1165, 21 L.R.A.N.S. 550]; Fisher v. Feige, 137 Cal. 39 [69 P. 618, 92 Am.St. Rep. 77, 59 L.R.A. 333] ; Union Labor Hosp. Assn. v. Vance R. Lumber Co., 158 Cal. 551 [112 P. 886, 33 L.R.A N.S. 1034]; Couley on Torts (vol. 2), p. 1505; 1 Cal.Jur. 336; 1 Am.Jur. 420.) While I do not consider his conduct in writing the letters in question, under the circumstances disclosed by the record, as being at all commendable, I can see nothing in connection therewith which savors of moral turpitude or which would justify discipline. It is obvious that his only purpose in writing the letters was to cause an investigation to be made as to the moral character of Alice Shelton Lansing. In making this investigation the bureau would be required to examine the record and interview witnesses having knowledge of the facts. If the investigation disclosed that she was an unfit person to become a citizen of the United States, the disclosure would certainly have been in the public interest. On the other hand, if she was found to be of good moral character, she would suffer no ill effects therefrom. Certainly, if petitioner had done nothing more than write the letters in question, it could hardly be said that he violated any duty he owed to either Ross Lansing, Ms former client, or his wife, Alice Shelton Lansing.

*575In my opinion the conduct of the petitioner in the case at bar in indicating to Alice Shelton Lansing that unless he received the money due him from her husband he intended to use things against them which would be detrimental to them personally and in their business, comes within any accepted definition of moral turpitude and justifies the discipline recommended in this case.