Snyder
Snyder v. State Bar
Opinion
Lead Opinion
In this proceeding we review the recommendation of the Review Department of the State Bar Court that petitioner Douglas William Snyder be suspended from the practice of law for five years, with the suspension stayed and petitioner placed on probation for five years on several conditions, including actual suspension for two years and until petitioner shows proof of his rehabilitation, fitness to practice, and learning and ability in the general law. Petitioner contends the recommended discipline is excessive in comparison to that imposed on other attorneys for similar conduct. We find jthat the recommendation, except for the rehabilitation hearing requirement, is warranted by the seriousness of petitioner’s conduct and is consistent with our previous decisions.
*1305 I. Facts
Petitioner was admitted to practice in California in July 1980. 2 In March 1984, petitioner was retained to represent Allen Silverstein (who was then a personal friend of petitioner’s) in a personal injury action. Under a written fee agreement, petitioner was to receive one-third of any settlement recovered on Silverstein’s behalf. In April 1984, petitioner received an insurance draft in the…
Concurrence in Part
Kaufman, J.
I concur in the court’s order, except the imposition of two years’ actual suspension as a condition of petitioner’s probation to which I dissent. In view of the overwhelming mitigating circumstances presented by petitioner, and found true by both the hearing panel and the review department, no more than one year’s actual suspension ought to be imposed.
*1313 Petitioner does not dispute that misappropriation of funds is a serious matter warranting substantial discipline. Nevertheless, where “clearly extenuating circumstances” exist, discipline less than disbarment is appropriate. (See Waysman v. State Bar (1986) 41 Cal.3d 452, 457 [ 224 Cal.Rptr. 101 , 714 P.2d 1239 ].) I agree with the court that petitioner’s misconduct does not warrant disbarment.
Under the advisory guidelines of the Standards for Attorney Sanctions for Professional Misconduct (Rules Proc. of State Bar, div. V), standard 2.2, where “the most compelling mitigating circumstances clearly predominate,” a period of one year’s actual suspension, though not less than one year, may be appropriate. The numerous and compelling mitigating circumstances presented by petitioner clearly predominated here.