Lawhorn

The Review Department of the State Bar Court recommended, with two members dissenting, that petitioner Victor R. Lawhorn be disbarred from the practice of law for mishandling client funds. Although petitioner was charged with and found to have committed four violations of the Rules of Professional Conduct, all arose from the same transaction between petitioner (a relatively inexperienced attorney) and his client. In these circumstances, and taking into account mitigating factors in the case, we conclude that disbarment would be excessive discipline and that petitioner should instead be placed on probation for five years with a two-year term of actual suspension.

Background

Petitioner was admitted to practice in this state in November 1978. This is his first and only disciplinary matter.

In September 1982, petitioner, who concentrated on the practice of immigration law, was retained by Karen Ann Gayles to represent her in a claim for damages arising from an automobile accident. A written retainer agreement provided that petitioner would receive one-third of any recovery as his fee, in addition to reimbursement of any costs advanced.

In May 1983, Gayles agreed to accept…