Shapiro

Shapiro v. State Bar

Good Law
1990 Cal. LEXIS 3518·271 Cal. Rptr. 851·51 Cal. 3d 251·794 P.2d 572
Supreme Court of CaliforniaAugust 9, 1990No. S008299California3,391 words

Opinion

Lead Opinion

In this proceeding we consider the recommendation of the Review Department of the State Bar Court (review department) that petitioner Morley H. Shapiro be suspended from the practice of law for two years. 1 Petitioner asks this court to reject the review department’s conclusion he wilfully violated rule 955 of the California Rules of Court (rule 955) and to modify the recommended discipline as excessive.

*254 As explained below, we conclude that the evidence supports the review department’s finding petitioner wilfully violated rule 955. We further conclude, however, that the review department’s recommended discipline is excessive, and order petitioner suspended for two years, execution thereof stayed with two years’ probation on the condition of one year’s actual suspension.

I. Facts and Procedure

This proceeding arises from two separate State Bar disciplinary hearings, which were consolidated by the review department. We review each proceeding separately.

A. The Rule 955 Proceeding

The rule 955 proceeding stems from discipline previously imposed by this court for misconduct in three separate matters. In one, the Verbish matter, petitioner collected a fee of $2,000…

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