What is the effect of mitigation of misconduct offered by an attorney in mitigation of the misconduct?

California, United States of America


The following excerpt is from Sternlieb v. State Bar, 276 Cal.Rptr. 346, 52 Cal.3d 317, 801 P.2d 1097 (Cal. 1990):

Evidence offered by an attorney in mitigation of misconduct must be considered in light of that purpose. "[T]he circumstances in which the misconduct occurred or subsequent efforts by the attorney to correct the condition that precipitated the misconduct may demonstrate that the misconduct will not likely recur" (Baker v. State Bar, supra, 49 Cal.3d 804, 822, fn. 7, 263 Cal.Rptr. 798, 781 P.2d 1344) and thus are relevant to the disciplinary sanctions, if any, to be imposed. We consider the evidence here in that context.

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