In re Bradshaw

Opinion of the Court by Liu, J.

In 2018, the Hearing Department of the State Bar Court found attorney and respondent Drexel Andrew Bradshaw (Bradshaw) culpable of three counts of misconduct: engaging in a scheme to defraud (Bus. & Prof. Code, § 6106), breach of fiduciary duty (id., § 6068, subd. (a)), and three willful and intentional misrepresentations (id., § 6106). (All undesignated statutory references are to the Business and Professions Code.) The disciplinary action brought by the State Bar’s Office of Chief Trial Counsel (OCTC) stemmed from Bradshaw’s conduct as successor trustee of the Gosey Revocable Living Trust (Gosey Trust or Trust). The hearing judge recommended disbarment. Separately, in civil court probate proceedings, Bradshaw was removed as trustee of the Gosey Trust. The Review Department of the State Bar Court concluded that although Bradshaw was grossly negligent in making three misrepresentations, Bradshaw’s culpability as to the charged misconduct was not supported by clear and convincing evidence. The Review Department recommended a six-month suspension and two years of probation. One member of the Review Department disagreed and would have recommended…