Does the fact that an attorney has made restitution to a client's trust account have a bearing on his discipline?

Although petitioner has made restitution, such fact is no defense in a disciplinary proceeding. The conduct of an attorney in making his client whole, as well as the timeliness and manner of restitution, may have a bearing on discipline; but where, as here, restitution is made under the pressure of a disciplinary hearing, and there has been no prior offer of [71 Cal.2d 254] repayment or accounting, it is entitled to no weight. (Maggart v. State Bar, 7 Cal.2d 495, 502(3), 61 P.2d 451.)

Petitioner throughout his years of practice failed to maintain an appropriate clients' trust account. His conduct appears even more aggravated by his failure to report respecting his establishment and maintenance of such an account, as required by this court's order granting his probation in the first of the three proceedings to reach the court. (See Resner v. State Bar, supra, 53 Cal.2d 605, 613(5), 2 Cal.Rptr. 461, 349 P.2d 67.)