What is the test for discipline of an attorney who has been found guilty of misconduct by the California State Bar?

California, United States of America


The following excerpt is from Middleton v. State Bar, 273 Cal.Rptr. 321, 51 Cal.3d 548, 796 P.2d 1326 (Cal. 1990):

"In disciplinary matters we independently examine the record in its entirety, weigh the evidence, and determine the appropriate discipline to be imposed. [Citations.] Accordingly, we are bound neither by the findings of fact of the State Bar [citation], nor by its conclusions of law [citation], nor by its recommendation as to discipline [citation]. Nevertheless, 'the burden is upon the petitioner to show wherein the decision or action [of the State Bar] is erroneous or unlawful.' [Citation.] 'Our principal concern is always the protection of the public, the preservation of confidence in the legal profession, and the maintenance of the highest possible professional standard for attorneys.' " (Sands v. State Bar (1989) 49 Cal.3d 919, 928, 264 Cal.Rptr. 354, 782 P.2d 595.)

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