Maltaman v. State Bar

I dissent. In my view, the record, despite its various shortcomings, amply supports the State Bar’s unanimous recommendation that petitioner be disbarred.

I reject the majority’s conclusion that, in the Spang matter, there is insufficient evidence to establish that petitioner exerted undue influence in the preparation of the two holographic wills and the joint tenancy deed. It is well settled that undue influence may be established by circumstantial evidence. (Estate of Jamison (1953) 41 Cal.2d. 1, 8 [256 P.2d 984].) Indeed, in cases such as this one involving a holographic and unwitnessed…