What discipline is appropriate for a defense attorney who breached his contract by failing to declare a conflict of interest?

California, United States of America


The following excerpt is from Gendron v. State Bar, 197 Cal.Rptr. 590, 35 Cal.3d 409, 673 P.2d 260 (Cal. 1983):

In considering what discipline is appropriate, we observe that petitioner's conduct amounts to moral turpitude within the meaning of Business and Professions Code section 6106. Moral turpitude has been found where there is "gross carelessness and negligence" (Sanchez v. State Bar (1976) 18 Cal.3d 280, 285, 133 Cal.Rptr. 768, 555 P.2d 889). The state of the law with respect to a defense attorney's duty to investigate and declare conflicts was sufficiently clear at the time petitioner entered into this contract with Madera County. His conduct amounted to gross negligence.

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