What constitutes wilful misconduct by an attorney who misappropriated client funds?

California, United States of America


The following excerpt is from Inniss v. State Bar, 143 Cal.Rptr. 408, 20 Cal.3d 552, 573 P.2d 852 (Cal. 1978):

Petitioner asserts that his misconduct was not wilful, as it was caused by the chaotic state of his practice and his own lack of funds. Neither of these factors, however, affects the wilfulness of his conduct in misappropriating his client's funds. Moreover, we have held that where a pattern of habitual offenses exists, even though the offenses may individually amount to no more than negligence or gross negligence, such consistent misconduct can only be regarded as deliberate and wilful. (Ridley v. State Bar (1972) 6 Cal.3d 551, 560, 99 Cal.Rptr. 873, 493 P.2d 105; Grove v. State Bar (1967) 66 Cal.2d 680, 683, 58 Cal.Rptr. 564, 427 P.2d 164.) We conclude, therefore, that petitioner's misconduct in the seven matters before this court must be considered as wilful misconduct in violation of his oath and duties as an attorney and that petitioner has failed to meet his burden of showing that the board's findings are not supported by the evidence. (E. g., Nizinski v. State Bar (1975) 14 Cal.3d 587, 595, 121 Cal.Rptr. 824, 536 P.2d 72.)

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
In what circumstances will an attorney who misappropriates funds from clients be deemed fit to practice? (California, United States of America)
What is the professional ethics and morality of an attorney who misappropriates client funds? (California, United States of America)
What is the appropriate punishment for an attorney who misappropriates a client's funds? (California, United States of America)
When will an attorney be disbarred for misappropriating client funds? (California, United States of America)
What is the standard of conduct for an attorney to be found guilty of misappropriating client funds? (California, United States of America)
What is the range of discipline recommended by the California Bar Review Department for an attorney who misappropriated funds from his clients while he had no disciplinary record? (California, United States of America)
Is there any case law where an attorney at law has been found guilty of misappropriating funds entrusted to the Attorney at Law by mistake? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.