When will an attorney be disciplined for a breach of the California Bar Code?

California, United States of America


The following excerpt is from Alberton v. State Bar, 206 Cal.Rptr. 373, 37 Cal.3d 1, 686 P.2d 1177 (Cal. 1984):

Each of the violations committed by petitioner warrants a separate and independent disciplinary response. Where the offenses are [37 Cal.3d 16] "committed in concert, substantial discipline is warranted." (Davis v. State Bar (1983) 33 Cal.3d 231, 240-241, 188 Cal.Rptr. 441, 655 P.2d 1276.)

In addition, petitioner offered no evidence of mitigation, failed to acknowledge any wrongdoing, and did not demonstrate any remorse for his conduct. An attorney's attitude toward disciplinary proceedings may properly be considered when deciding on the appropriate sanction. (Yokozeki v. State Bar, supra, 11 Cal.3d at p. 451, 113 Cal.Rptr. 602, 521 P.2d 858; see also Grove v. State Bar (1967) 66 Cal.2d 680, 684, 58 Cal.Rptr. 564, 427 P.2d 164.)

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