What is the impact of prior disciplinary proceedings on the degree of discipline of an attorney who has been found guilty of misconduct?

California, United States of America


The following excerpt is from Spindell v. State Bar, 118 Cal.Rptr. 480, 13 Cal.3d 253, 530 P.2d 168 (Cal. 1975):

6 There is no merit to petitioner's argument that the prior disciplinary proceedings should not be considered in determining the degree of discipline because the conduct complained of in the prior proceeding occurred at the same time as the conduct involved here. In other words, he suggests that prior discipline is significant only when it serves as a warning to an attorney. As in Lewis v. State Bar, Supra, 9 Cal.3d 704, 715, 108 Cal.Rptr. 821, 511 P.2d 1173, we reject this argument because it ignores the fact that more severe discipline would have been warranted in the prior proceedings had the facts in this proceeding been known; and further, that a suspension is appropriate here even in the absence of a prior disciplinary record.

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