Probation Failures Lead To Disbarment

The California State Bar court recently granted a motion to publish a 2007 decision alerting the Bar to the consequences of non-cooperation with the disciplinary process. The attorney has almost no California practice; rather, he practices in Washington State. He has struggled with alcoholism but has been sober for over a decade.

He was subject to a public reprimand in Washington for wrongful retention of a $1,700 advanced fee (since repaid after the client obtained a judgement) that resulted in a reciprocal California sanction of private reproval with conditions attached for 12 months. His failure to fulfill the terms resulted in a series of sanctions that ultimately led to disbarment:

Had [he] complied with those [initial] conditions, he would not be facing disbarment. Howver, since his private reproval, [he] has had his reproval period extended by one year, has received a six-month stayed suspension and two years’ probation, has had his probation revoked and has suffered a six-month actual suspension. This increasingly strict discipline should have provided [him] with both the incentive and opportunity to comply with the conditions of his probation, and yet he is before us a fourth time for violating another court order. 

I am reluctant to criticize any decision that underscores the obligation to cooperate with the disciplinary system, but there is a fair argument that the initial probationary conditions (not imposed by the disciplining Washington court) for a lawyer with virtually no California practice should not have been imposed. This has led to a significant drain of limited bar resources to little beneficial end. (Mike Frisch)