Resignation Should Be Permitted

A senior attorney with a revered last name should be allowed to resign rather than face sanctions for failure to timely comply with probation conditions

Frisch is 84 years old and does not intend to practice law again. His prior discipline resulted in a 30-day actual suspension. The pending matter against him is for violating the terms of his disciplinary probation by failing to timely submit four quarterly reports. OCTC states that the nature of his misconduct was not serious and does not demonstrate that Frisch is unwilling to comply with the disciplinary order, only that the was unable to comply in a timely manner. OCTC submits that the harm to the public, the courts, or the legal profession was minimal. OCTC also states that during the time period of the misconduct, Frisch was severely depressed and was being medically treated at Kaiser. He was also experiencing memory loss. The depression and memory loss directly affected his ability to timely file his quarterly reports. Under these circumstances, we do not believe that public confidence in the discipline system will be undermined by accepting the resignation, and we believe that acceptance would be consistent with the need to protect the public, the courts, and the legal profession.

The misconduct that had led to probation involved a business transaction with a client and failure to disclose material facts.

In aggravation, Frisch committed multiple acts of misconduct. In mitigation, Frisch had no prior record of discipline, entered into a prefiling stipulation, and provided documentation of his community service work. Frisch was further ordered to take and pass the MPRE within one year of the effective date of the Supreme Court’s order.

The recommendation comes from the California State Bar Court Review Department. (Mike Frisch)