Assembly Bill

Los Angeles CA

31 March, 2021

9:28 AM

Description

Procedural Posture Petitioner attorney sought review of a recommendation of the Disciplinary Board of respondent State Bar of California that petitioner be suspended from the practice of law for six months. The law of assembly is Assembly Bill AB 5  in the state. For violating his oath and duties as an attorney, committing acts involving moral turpitude, using extortionary means to attempt to obtain payment of a fee, and aiding and abetting an unlicensed person to practice law in California. Overview Petitioner attorney represented a client whose spouse allegedly assaulted petitioner. Petitioner filed criminal charges. The client and spouse reconciled. Petitioner allegedly agreed to drop the criminal charges if his fee was paid. Petitioner also introduced an individual to clients as an associate, and added him to firm letterhead, although he was not admitted to any bar. The local committee and the Disciplinary Board of respondent State Bar of California recommended discipline, including suspension from the practice of law for six months. The court affirmed and further found that the use of criminal sanctions to collect a fee was moral turpitude to be disciplined under § 6106, although the local committee only had found it to be a violation of the oath and duties of a lawyer under Cal. Bus. & Prof. Code §§ 6103, 6067 & 6068. The court also held that when a lawyer introduced a layman as his associate, even though the case involved a referral to a foreign jurisdiction, and the lawyer added that person to the firm letterhead, the lawyer aided and abetted the unauthorized practice of law. Petitioner's past conduct was used to assess the appropriate level of discipline. Outcome The court accepted the recommendations of the Disciplinary Board of respondent State Bar of California and ordered that petitioner attorney be suspended from the practice of law for six months and comply with Cal. R. Ct. 955. Petitioner used the threat of criminal sanctions to attempt to collect a fee, which was moral turpitude as well as a violation of his oath and duties, and aided and abetted a nonlawyer in the unauthorized practice of law.