What is the appropriate sanction for an attorney's failure to render services combined with misrepresentation and misrepresentation?

California, United States of America


The following excerpt is from Gassman v. State Bar, 132 Cal.Rptr. 675, 18 Cal.3d 125, 553 P.2d 1147 (Cal. 1976):

We have imposed severe discipline in prior cases where, as here, an attorney's failure to render services is combined with misrepresentation and failure to communicate with the client. (See Alkow v. State Bar of California (1971) 3 Cal.3d 924, 936, 92 Cal.Rptr. 278, 479 P.2d 638; Rock v. State Bar (1962) 57 Cal.2d 639, 643--644, 21 Cal.Rptr. 572, 371 P.2d 308.) Moreover, prior cases involving similar offenses (commingling clients' funds and committing acts involving moral [18 Cal.3d 132] turpitude in violation of attorney's oath and duties) by attorneys with no previous disciplinary record suggest that as much as one-year actual suspension is an appropriate sanction. (Brody v. State Bar (1974) 11 Cal.3d 347, 350--351, 113 Cal.Rptr. 371, 521 P.2d 107, and citations herein.)

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