Middleton v. State Bar , 51 Cal. 3d 548 ( 1990 )

LUCAS, C. J., Dissenting.

I agree with the review department dissenters and believe disbarment is appropriate. In my view, the prior discipline for petitioner’s acts of misconduct that occurred in 1980, the same year she was admitted to the Bar, was ineffective. Petitioner simply fails to comprehend the seriousness of her misconduct. Her attitude toward her clients and the bar shows a pattern of callous disregard for professional standards. As the majority observes, petitioner continues to make frivolous assertions in defense of her unprofessional behavior. For example, she claims her record of prior misconduct cannot be considered by the court in the present matter because it is “too remote.” As the majority points out, petitioner’s failure to learn from past mistakes indicates a significant risk of misconduct in the future.

Petitioner also asserts that the office of trial counsel intentionally prevented her participation in the disciplinary proceedings. As the majority observes, there is no credible support for this claim. In my view, petitioner’s habitual disregard of her clients’ interests and her willful failure to cooperate or participate in the disciplinary proceedings support disbarment. I would impose such discipline pursuant to standard 2.4(a), Standards for Attorney Sanctions for Professional Misconduct (Rules Proc. of State Bar, div. V).

Eagleson, J., and Arabian, J., concurred.