Palomo
Palomo v. State Bar
Opinion
lead Opinion
The Review Department of the State Bar Court recommends that Raul Palomo be suspended from the practice of law for one year, with the suspension stayed on conditions of probation.
*790 Petitioner was admitted to practice law in 1974. He has one instance of prior discipline; in 1980, he stipulated to public reproval for wilful violation of rules 2-111 (delivery of client files) and 5-101 (unethical business dealings with client) of the Rules of Professional Conduct.
Here, the hearing panel sustained allegations that petitioner “wilfully” violated his oath and duties as an attorney (Bus. & Prof. Code, § 6067) 1 and committed acts of dishonesty and moral turpitude when he (1) endorsed, without consent, his client’s name on a check payable to the client, (2) deposited the proceeds in his payroll account rather than his trust account, (3) failed promptly to notify the client he had received the check and to pay over the funds due, and (4) misappropriated and commingled the deposited funds. (See rule 8-101, Rules Prof. Conduct.) The review department adopted the hearing panel’s findings with minor modifications. It recommends that petitioner be suspended for one year, with…