MR. CHIEF JUSTICE SOLFISBURG DELIVERED THE OPINION OF THE COURT:
Rehearing denied March 26, 1968.
The Committee on Grievances of the Chicago Bar Association recommended that the respondent, Irving D. Bloom, be disbarred. Subsequently the Board of Managers of that association, acting as Commissioners of this court, approved the report of the Committee on Grievances but amended its recommendation to a suspension from the practice of law for one year. Respondent seeks a review of this recommendation.
There is no substantial dispute as to the facts which appear from the testimony of the respondent and by stipulation. No witnesses other than respondent testified at the hearing. Respondent, Irving D. Bloom, was admitted to practice in the State of Illinois in the year 1934, and had known Rabbi Berl Aronovitz for many years. Respondent rendered various services to him, placing loans and doing other things without fee. On September 19, 1960, Aronovitz gave respondent $2,250 to be loaned to Hubert Thomas, to be repaid in monthly installments, plus interest at 7%. Respondent was to collect the payments due from Thomas and remit them to Aronovitz without charge. On October 5, 1960, a similar arrangement was made for a loan to Julius Simmons of $3,500.
Respondent made the loans, and it was established, by uncontradicted evidence, his collections and remittances on these loans were as follows:
Remitted Deficit or Excess of Simmons Thomas to Remittances under Year Collections Collections Aronovitz or over collections
1960 $ 900.00 $150.00 $ 976.00 - $ 74.00
1961 3,125.00 348.00 1,312.00 - 2,161.00
1966 800.00 800.00 _________ ________ _________ _________ Totals $4,025.00 $558.00 $4,298.00 - $ 285.00
This table of payments and remittances shows that in 1960, respondent failed to remit to Aronovitz the sum of $74; in the year of 1961, he failed to remit $2,161; that from 1962 through 1966, respondent paid Aronovitz $1,950 in excess of his collections during those years; that in 1966, a final payment of $800 was accepted by Aronovitz in full settlement of respondent's obligations to him. It appears that Aronovitz took over the collection of the Thomas loan.
There is some question whether or not a portion of the moneys collected by the respondent could or should have been retained by him for commissions. Simmons repaid more than the amount borrowed plus 7% interest. There is no clear evidence of any agreement between Aronovitz and the respondent concerning the disposition of these excess payments.
The final settlement between Aronovitz and the respondent was not made until after the complaint was filed in this proceeding. It was not made earlier in spite of several requests for payment by Aronovitz and by attorney Max Kopstein on his behalf, and the respondent's appearance before the ...