What is the appropriate punishment for an attorney who misappropriates a client's funds?

California, United States of America


The following excerpt is from Fielding v. State Bar, 107 Cal.Rptr. 561, 9 Cal.3d 446 (Cal. 1973):

In Himmel v. State Bar, Supra, 4 Cal.3d 786, 94 Cal.Rptr. 825, 484 P.2d 993, we placed the attorney on probation for one year with three months actual suspension where he signed or caused to be signed his client's name on a check knowing he lacked authority to do so, misappropriated her funds, and made certain misrepresentations and it appeared he had no prior disciplinary record and the client ultimately suffered no financial loss.

As noted in Yapp v. State Bar, 62 Cal.2d 809, 819, 44 Cal.Rptr. 593, 598, 402 P.2d 361, 366, 'there is no conformity as to punishment ascertainable from the cases. Each case must be decided on its own facts.'

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