Libarian v. State Bar

239 P.2d 865, 38 Cal. 2d 328, 1952 Cal. LEXIS 176

• Court: California Supreme Court
• Decided: January 29, 1952
• Docket: L. A. 22063
• Status: Published

Opinions

THE COURT.

The Board of Governors of the State Bar has recommended that Manassee Stephen Libarían be suspended from the practice of law for a period of six months. By his petition for a writ of review, the proceeding is now before this court.

The record may be summarized as follows: Libarían was attorney for Abe Siegel in an action against Louis Nadel for wages. Testimony concerning whether Siegel had broken a mirror in Nadel’s shop was conflicting. The court found for Nadel on the complaint and for Siegel on the cross-complaint.

After the trial, Libarían mailed a letter to Nadel’s attorneys accusing Nadel of perjury and stating: “This criminal act of your client will be a basis for a new trial and also for a criminal complaint. . . . Here is my offer. Let your client pay Mr. Abe Siegel for 2 days’ work, or 16 times $2.25, the total of Thirty Six and no/100 Dollars, and his perjuries will remain unpunished. ... I must receive your check for $36.00 plus $6.50 court costs I had advanced out of my own pocket, that is to say the sum of Forty One and 50/100 Dollars, on the 31st. day of October, 1950. If you fail to send said $41.50 until midnight of Tuesday, the 31st. day of October, 1950, on the 1st. day of Nov. 1950, I’ll file a motion for a new trial, and my client will be in the District Attorney’s office to file a complaint for perjury against your client.”

In a notice to show cause, it was alleged that by writing this letter, Libarían threatened to permit his client to file a criminal complaint against Nadel unless Siegel received a certain amount of money. Such conduct was charged as being a violation of Libarían’s oath and duties as an attorney at law and an act of moral turpitude and dishonesty within the meaning of sections 6103 and 6106 of the Business and Professions Code.

Following a hearing, a local administrative committee found Libarían guilty of unprofessional conduct and recommended that he be suspended from the practice of law for six months. The findings of the committee were adopted by the Board of Governors and it recommended that discipline be imposed as specified by the committee.

Libarían contends that the findings are not supported by the evidence. However, he admits that he wrote and mailed the letter in an attempt to secure money for his client. He also admits that the letter constitutes a threat against Nadel and he concedes that he made a mistake in writing it. He argues, however, that he had no intention of extorting money from Nadel or his attorneys.

Concisely stated, Libarían’s defense is that he wrote the letter because of his indignation over Nadel’s alleged false statements as a witness. Despite the statements in the letter, Libarían says that he had no intention of carrying out any threats against Nadel or of asking Siegel to file a criminal complaint against him.

Although no action was taken by either Libarían or Siegel to prosecute Nadel, the record clearly shows conduct which is in violation of Libarían’s oath and duties as an attorney. The threats contained in the letter indicate an attempt to commit extortion. The sending of a threatening letter with intent to extort money is “punishable in the same manner as if such money . . . were actually obtained” (Pen. Code. § 523) and the crime of extortion involves moral turpitude. (Matter of Coffey, 123 Cal. 522 [56 P. 448].)

It is, therefore, ordered that Manassee Stephen Libarían be suspended from the practice of law for a period of six months commencing 30 days after the date of the filing of this opinion.