What is the penalty for misappropriation of funds entrusted to an attorney at law?

California, United States of America


The following excerpt is from Demain v. State Bar, 3 Cal.3d 381, 475 P.2d 652, 90 Cal.Rptr. 420 (Cal. 1970):

Misappropriation of funds entrusted to an attorney at law 'is a gross violation of general morality as well as professional ethics and, in addition, is likely to endanger the confidence of the public in the legal profession. It deserves severe punishment.' (Resner v. State Bar, supra, 53 Cal.2d 605, 612, 2 Cal.Rptr. 461, 465, 349 P.2d 67, 71, disbarment.) In the absence of strong mitigating circumstances the usual penalty is disbarment. (See 1 Witkin, Cal.Proc. (1954) 91.)

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