What is the test for discipline of an attorney who has been found guilty of gross misconduct in a disciplinary proceeding?
California, United States of America
The following excerpt is from Farnham v. State Bar, 253 Cal.Rptr. 249, 47 Cal.3d 429, 763 P.2d 1339 (Cal. 1988):
" ' "The purpose of a disciplinary proceeding is not punitive but to inquire into the fitness of the attorney to continue in that capacity for the protection of the public, the courts, and the legal profession." ' " (Chasteen v. State Bar (1985) 40 Cal.3d 586, 591, 220 Cal.Rptr. 842, 709 P.2d 861, quoting Bradpiece v. State Bar (1974) 10 Cal.3d 742, 748, 111 Cal.Rptr. 905, 518 P.2d 337.) The discipline in each case must be determined by the particular facts and circumstances of the case. (Ibid.)
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