Sunday, July 3, 2011

Suspensions For Domestic Violence

The July 2010 edition of the California Bar Journal reports attorney suspensions in two matters involving domestic violence.

In one case

[An attorney] was suspended for two years, stayed, placed on two years of probation with an actual nine-month suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Nov. 12, 2010.

[The attorney] stipulated to four counts of misconduct in two client matters. He pleaded guilty in 2008 to domestic violence and damaging a phone line after he hit his wife during an argument and yanked the phone from her as she dialed 911. He threw the phone on the floor and damaged it.

A restraining order was issued against [him] and he was warned that possessing a firearm within 10 years of his conviction would be a crime. His wife subsequently called police twice to complain he] violated the restraining order, although she later asked that the order be vacated in order to begin family counseling.

A year after the first incident, [he] threatened to kill his wife, brandished a knife and said he still possessed guns. The police found two loaded guns on top of a kitchen cabinet. [He]  pleaded guilty to exhibiting a weapon other than a gun, and to possessing a gun within 10 years of his earlier conviction.

In each matter, [he] stipulated that he violated the law and that his convictions did not involve moral turpitude but did warrant discipline. In mitigation, he had no prior discipline record.

And

[An attorney] was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and he was ordered to take the MPRE within a year. The order took effect Nov. 12, 2010.

[He] pleaded no contest to felony battery with serious injury after he hit his wife on two occasions and did not take her to the hospital for several days. According to a stipulation he reached with the bar, [his] wife suffered contusions to both eyes, a broken nose and lacerations and bruises to her arm. Although [he] initially was charged with five counts, four were dropped.

The bar placed him on interim suspension in 2009. He stipulated that his conviction amounted to a failure to uphold the law.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/07/domestic-assualt-1.html

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