Segal v. State Bar ( 1988 )

LUCAS, C. J.

I respectfully dissent. In my view, petitioner’s misconduct was sufficiently serious to warrant more severe discipline than that imposed by the majority.

The State Bar hearing panel, which directly heard and evaluated the credibility of petitioner and the other witnesses, recommended a punishment which included three years actual suspension. I would approve that recommendation in light of petitioner’s prior disciplinary record and his present misconduct. (I note that although the Review Department reduced the hearing panel’s recommended punishment to a one-year actual suspension, three of the thirteen members of the department would have imposed greater discipline.)

Petitioner was admitted to practice in 1976. In 1985, he received a 90-day actual suspension (1-year probation) for issuing checks on insufficient funds in 1979 and 1980. His misconduct continued throughout the period from 1982 to 1984. As disclosed in the majority opinion, petitioner’s present misconduct involved four separate matters, and included issuing several more checks on insufficient funds, as well as neglecting clients, failing to perform services, and failing to return unearned fees.

As the majority observes, petitioner tendered no substantial mitigating circumstances, other than the fact that he commenced repaying one bad check before State Bar proceedings were initiated. On the other hand, aggravating circumstances include his prior discipline, and his multiple acts of misconduct in the present proceeding.

I would impose the discipline recommended by the hearing panel, including a period of three years actual suspension.