Steiner
Steiner v. State Bar
Opinion
lead Opinion
This is a proceeding to review a recommendation of Disciplinary Board I of the State Bar of California that petitioner be suspended from the practice of law for one year and that such suspension be stayed on conditions of probation, with actual suspension during only the first 60 days.
The recommended discipline is based upon petitioner’s alleged misappropriation of at least $242.40 belonging to a client, Emil Steiner (no relation to petitioner), and on his intentionally misleading a State Bar preliminary investigation committee considering a complaint against him.
Petitioner contends that the evidence is insufficient to sustain the board’s findings. Findings of fact made by local administrative committees and disciplinary boards are not binding on this court, which may weigh the evidence upon which the findings rest. (Zitny v. State Bar, 64 Cal.2d 787, 789 [1] [ 54 Cal.Rptr. 825 , 415 P.2d 521 ].)
As stated by this court in Zitny, at page 790 [2, 3] : “The burden is on the petitioner, however, to demonstrate that the findings are not supported by the evidence or that the recommendations are erroneous or unlawful. [Citations.] In *709 meeting this burden, the petitioner must…