What is the legal test for disbarred an attorney who has been found guilty of misconduct because of his psychological problems?
California, United States of America
The following excerpt is from Bernstein v. Committee of Bar Examiners, State Bar, 443 P.2d 570, 69 Cal.2d 90, 70 Cal.Rptr. 106 (Cal. 1968):
The evidence of his psychological problems likewise does not excuse or mitigate his misconduct. In Grove v. State Bar, 66 Cal.2d 680, 685, 58 Cal.Rptr. 564, 567, 427 P.2d 164, 167, in which we disbarred an attorney for misconduct involving an habitual disregard of his clients' interests, the petitioner presented an affidavit by a psychiatrist from which it appeared in part that the petitioner needed psychiatric care and that his condition impaired his capacity to form sound judgments, and we stated that 'We realize that in many cases psychoneurotic problems may underlie * * * moral turpitude. In this area our duty lies in the assurance that the public will be protected in the performance of the high duties of the attorney rather than in an analysis of the reasons for his delinquency. Our primary concern must be the fulfillment of proper professional standards, whatever the unfortunate cause, emotional or otherwise, for the attorney's failure to do so.'
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