In what circumstances will an action be successful against an attorney who misappropriates funds from a client's accounts?

In Magee v. Brenneman, supra, 188 Cal. at page 571, 206 P. at page 40, it is said: 'Thus the presumption that it was entered into under undue influence was not rebutted. Under these cimcumstances the

Page 840

Shahabian v. Najarian, 14 Cal.App.2d 435, 58 P.2d 396, was an action against an attorney for damages in the amount by which his collections for the account of his client exceeded fair compensation for his services. Judgment for that amount was affirmed on appeal. Neither rescission nor restoration was involved.