Bach v. State Bar Of California

805 P.2d 325 (1991)

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Nature of the Case

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Facts

Hester retained D to obtain a dissolution of her marriage, paying him $ 3,000 in advance. D failed to communicate with Hester for months at a time despite repeated telephone calls and office visits; never obtained the dissolution, and purported to withdraw from the dissolution proceeding in March of 1987 without the consent of either Hester or the superior court and without returning the unearned portion of the fees advanced. Hester invoked arbitration proceedings in an attempt to recover the unearned fees paid to D in 1984. D refused to appear at the arbitration hearing -- insisting that he had not been served with a notice of arbitration -- but had mailed to the arbitrator his declaration in which he disputed the merits of Hester's claim. The arbitrator found that Hester was entitled to a refund of $2,000. The state bar got involved, and a referee held that D be suspended from the practice of law for 12 months, that execution of the suspension should be stayed, D should be placed on probation for that period, and that D should be actually suspended for the first 30 days and until proof was made of restitution of certain unearned fees. D appealed.