What is the test for discipline of an attorney who has been found guilty of misconduct in a civil case?

California, United States of America


The following excerpt is from Cohen, In re, 11 Cal.3d 935, 114 Cal.Rptr. 611, 523 P.2d 651 (Cal. 1974):

'The purpose of a disciplinary proceeding is not punative 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.' (Bradpiece v. State Bar, Supra, 10 Cal.3d 742, 748, 111 Cal.Rptr. 905, 909, 518 P.2d 337, 341.) With that purpose in mind, we have concluded that the discipline hereinafter ordered is adequate.

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