Bates v. State Bar

The Review Department of the State Bar Court recommends that petitioner David Smith Bates be suspended from the practice of *1058 law for three years as discipline for willful misappropriation of client funds, and that execution of his suspension be stayed subject to certain conditions including actual suspension for six months. (Four members of the department voted to impose a one-year or longer actual suspension.) The discipline is the same as recommended by a State Bar referee. Petitioner does not dispute the State Bar’s factual findings but contends the discipline is excessive in light of mitigating factors. We reject the contention. A six-month actual suspension is the minimum period necessary to protect the public.

Facts

Shahriar Sarkeshik (Sarkeshik) hired petitioner in August 1983 to represent Sarkeshik in a personal injury action. In May 1985 Sarkeshik endorsed and delivered to petitioner an insurance company medical expenses draft payable to Sarkeshik in the amount of $2,000. Petitioner deposited the $2,000 into his client trust account. Petitioner represented that from the total he would deduct costs of $370.25 and a fee of $400 and that he would pay the…