Is a suspension pursuant to section 6102 a determination that an attorney is unfit to practice law?

California, United States of America


The following excerpt is from Johnson, In re, 1 Cal.4th 689, 4 Cal.Rptr.2d 170, 822 P.2d 1317 (Cal. 1992):

For that reason a suspension pursuant to section 6102 is not a determination that an attorney is unfit to practice law. "The first order of suspension is provisional and temporary, awaiting the affirmance or reversal of the judgment of conviction. [Citation.] It does not purport to satisfy the charge against a petitioner or to settle his fitness to remain a member of the bar." (Shafer v. The State Bar (1932) 215 Cal. 706, 708, 12 P.2d 957.) Excepting only those offenses which reflect moral turpitude on their face, "the commission of some crimes, standing alone, does not implicate an attorney's fitness to practice law" (In re Strick (1987) 43 Cal.3d 644, 653, 238 Cal.Rptr. 397, 738 P.2d 743) and interim suspension may reflect nothing more than a determination that the attorney's acts suggest that "he or she may be unfit to practice law." (In re Strick (1983) 34 Cal.3d 891, 898, 196 Cal.Rptr. 509, 671 P.2d 1251. Emphasis added.)

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