What is the legal test for discipline of an attorney who commits acts of moral turpitude or other professional misconduct?

California, United States of America


The following excerpt is from Duggan, In re, 130 Cal.Rptr. 715, 17 Cal.3d 416, 551 P.2d 19 (Cal. 1976):

We have heretofore noted that '(i)f an attorney commits acts of moral turpitude or other professional misconduct, the fact that his acts stem from psychiatric difficulties is no reason to refrain from disciplining him.' (In re Fahey, supra, 8 Cal.3d 842, 850, fn. 4, 106 Cal.Rptr. 313, 318, 505 P.2d 1369, 1374.) 'In this area our duty lies in the assurance that the public will be protected in the performance of the high duties of the attorney rather than in an analysis of the reasons for his delinquency. Our primary concern must be the fulfillment of proper professional standards, whatever the unfortunate cause, emotional or otherwise, for the attorney's failure to do so.' (Grove v. State Bar (1967) 66 Cal.2d 680, 685, 58 Cal.Rptr. 564, 567, 427 P.2d 164, 167.)

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