Grim

—We review the recommendation of the Review Department of the State Bar Court (review department) that petitioner Douglas Paul Grim be disbarred from the practice of law for having wilfully misappropriated over $5,500 of client funds.

Petitioner contends that disbarment is excessive. He argues that the review department’s conclusions of law are unsupported by the evidence, that it failed to properly weigh the evidence, and that it failed to appropriately weigh mitigating and aggravating circumstances. He maintains that the interests of the public and the profession can be adequately safeguarded by the imposition of a suspension with probationary monitoring.

We conclude that the review department’s recommendation is supported by the record, that compelling mitigating circumstances do not clearly predominate, and that disbarment is warranted.

I. Facts

Petitioner was admitted to the practice of law in California in January 1966. In a prior disciplinary proceeding in 1980, he was privately reproved for depositing $960.30 of a client’s funds in his general account instead of in his client trust account, and for failing to perform services for the client. Petitioner did not…

—I dissent.

I would adopt the recommendation of the referee who heard the evidence and had an opportunity to evaluate the witnesses. The referee recommended five years’ probation that included six months’ actual suspension and other conditions.

The petitioner was guilty of one act of misappropriation. Unquestionably it was serious and caused inconvenience to the client affected thereby. However this was one isolated incident and in no way indicates a course of conduct. Since a private reproval 11 years ago the petitioner has been free of improper or unprofessional practice.

Under these circumstances disbarment impresses me as excessive punishment unnecessary for the protection of the public.

THE COURT.

We review the recommendation of the Review Department of the State Bar Court (review department) that petitioner Douglas Paul Grim be disbarred from the practice of law for having wilfully misappropriated over $5,500 of client funds.

Petitioner contends that disbarment is excessive. He argues that the review department's conclusions of law are unsupported by the evidence, that it failed to properly weigh the evidence, and that it failed to appropriately weigh mitigating and aggravating circumstances. He maintains that the interests of the public and the profession can be adequately safeguarded by the imposition of a suspension with probationary monitoring.

We conclude that the review department's recommendation is supported by the record, that compelling mitigating circumstances do not clearly predominate, and that disbarment is warranted.

Petitioner was admitted to the practice of law in California in January 1966. In a prior disciplinary proceeding in 1980, he was privately reproved for depositing $960.30 of a client's funds in his general account instead of in his client trust account, and for failing to perform services for the client. Petitioner did…