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Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Golden Gate University Law Review
This Comment will discuss (1) the prevalence of domestic violence in America, (2) the governmental responses to domestic violence, and (3) preserving the integrity of the legal profession. This Comment will then focus on how disciplinary courts have treated domestically violent attorneys. Part III examines the murky judicial approach to disciplining domestically violent attorneys, and Part IV criticizes that approach. Finally, Part V sets forth a proposal to cure the ill effects of the current approach, by injecting a greater degree of uniformity, ease, predictability and certainty into the disciplinary process.
Tonini V. State Bar Of California [Dissent], Jesse W. Carter
Tonini V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
A three-year suspension was an appropriate sanction for "ambulance chasing" attorneys; the Rules of Professional Conduct prohibited the attorneys from engaging in unprofessional conduct in order to obtain legal employment.
Burns V. State Bar Of California [Dissent], Jesse W. Carter
Burns V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
An attorney was sanctioned for professional misconduct because he had appropriated for his own use funds belonging to his client and commingled those funds with his own.
Lowe V. State Bar Of California [Dissent], Jesse W. Carter
Lowe V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
An attorney's discipline for failing to safeguard his client's trust fund account was reduced from disbarment to a suspension of two years because the punishment was not proportionate to the seriousness of the attorney's offense.
Roth V. State Bar [Dissent], Jesse W. Carter
Roth V. State Bar [Dissent], Jesse W. Carter
Jesse Carter Opinions
An attorney who had been disbarred for committing grand theft was denied readmission to the bar because he was not remorseful about a previous ethical violation and because he had misinformed one his witnesses about the grand theft conviction.
Feinstein V. State Bar Of California [Dissent], Jesse W. Carter
Feinstein V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
A disbarred attorney who did not conclusively establish his rehabilitation and present good moral character was not reinstated to the practice of law.
Mcmahon V. State Bar Of California [Dissent], Jesse W. Carter
Mcmahon V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
An attorney who misinformed a court about the existence of a will violated the disciplinary rules even if the dispositive provisions of the will were invalid because the will could have validly provided for the appointment of an executor.
Clark V. State Bar Of California [Dissent], Jesse W. Carter
Clark V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where attorney acted as guardian of incompetent person and sold the property, negligently retained the funds in an envelope in attorney's safe for over three years, and filed misleading accounts that led to investigation, discipline was merited.