Does a prior discipline record need to be considered in determining penalty?
California, United States of America
The following excerpt is from Beery v. State Bar, 239 Cal.Rptr. 121, 43 Cal.3d 802, 739 P.2d 1289 (Cal. 1987):
A point in petitioner's favor is the absence of prior discipline during a fairly lengthy legal career. The presence or absence of a prior disciplinary record is properly considered in determining penalty. (Lewis v. State Bar, supra, 9 Cal.3d at p. 715, 108 Cal.Rptr. 821, 511 P.2d 1173.)
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