Kaplan

Kaplan v. State Bar

Good Law
1991 Cal. LEXIS 561·278 Cal. Rptr. 95·52 Cal. 3d 1067·91 Daily Journal DAR 2166·804 P.2d 720
Supreme Court of CaliforniaFebruary 21, 1991No. S014190California2,221 words

Opinion

Lead Opinion

*1069 Opinion

We review the recommendation of the Review Department of the State Bar Court (Review Department) that petitioner, Andrew B. Kaplan, be disbarred from the practice of law. After considering the record and the arguments of Kaplan and the State Bar, we conclude that the recommended discipline is appropriate.

I. Facts

Kaplan was admitted to the practice of law in California on December 20, 1973. On January 1, 1978, he joined the law firm of Pettit & Martin as an associate. He became a partner in 1981. Among his duties as partner, Kaplan monitored billing of and receipts from clients’ accounts.

During the period between February and September 1985, Kaplan deposited 24 checks payable to Pettit & Martin into his personal bank account. The total value of these checks was approximately $29,000. Of the twenty-four, all but one were sent to Pettit & Martin directly; one check was drawn on a trust account for a client whose assets were being held in bankruptcy.

In September 1985, Kaplan was confronted by the managing partner of Pettit & Martin, and after repeatedly denying knowledge of the missing checks, Kaplan admitted that he had taken four checks. He claimed that they…

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