In Re O'Connell

Good Law
1923 Cal. App. LEXIS 259·64 Cal. App. 673·222 P. 625·222 P.2d 625
Court of Appeal of CaliforniaDecember 10, 1923Civ. No. 4751.California442 words

Opinion

Lead Opinion

Tyler, J.

This is an application for reinstatement as an attorney and counselor at law after disbarment.

The petition recites that the applicant was disbarred on February 20, 1921, upon the filing in the supreme court of a certified copy of a judgment of conviction of a felony, and that by said judgment petitioner was sentenced to imprisonment in the state penitentiary for a period of seven years, and that he was discharged June 5', 1923.

Petitioner alleges that he has suffered great mental and physical pain, and has also suffered great financial and professional losses by reason of his imprisonment, and prays that he may be reinstated as an attorney and counselor.

[1] The question for determination in an application for reinstatement by a disbarred attorney is not the sufficiency of the punishment already suffered by him, but the fitness of the applicant to be admitted to the practice of the law. The disbarment of an attorney is not intended primarily as punishment but as a measure for the protection of the public and the bar; and, therefore, a belief that the attorney has been sufficiently punished will not warrant his reinstatement. Courts will not ordinarily reinstate an attorney…

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