What is the burden of a review of a recommendation of the disciplinary board?
California, United States of America
The following excerpt is from Simmons v. State Bar, 2 Cal.3d 719, 470 P.2d 352, 87 Cal.Rptr. 368 (Cal. 1970):
Yes. The burden is upon one seeking a review of a recommendation of the disciplinary board to show that its findings are not supported by [2 Cal.3d 729] the evidence or that its recommendation is erroneous or unlawful. (Eschwig v. State Bar, 1 Cal.3d 8, 15(2a), 81 Cal.Rptr. 352, 459 P.2d 904.) In the present case, however, it is clear from the facts set forth above that petitioner has not met this burden.
Second. Is disbarment warranted under the facts of this case?
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