When will an attorney be disbarred for misappropriating client funds?

California, United States of America


The following excerpt is from Hartford v. State Bar, 276 Cal.Rptr. 74, 52 Cal.3d 93 (Cal. 1990):

Standard 2.2(a) provides that disbarment is the normal discipline for an attorney who has willfully misappropriated entrusted funds, and that a lesser discipline shall be imposed only if the amount of the funds misappropriated is insignificantly small or if the "most compelling mitigating circumstances clearly predominate," in which case the attorney shall be actually suspended for at least one year. We have affirmed the rule enunciated in this standard that an attorney who has misappropriated client funds will generally be disbarred in the absence of strong extenuating circumstances. [52 Cal.3d 101] (Chang v. State Bar (1989) 49 Cal.3d 114, 128, 260 Cal.Rptr. 280, 775 P.2d 1049.)

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