What is the legal test for disbarring an attorney from a bar where he has been diagnosed with manic depression?

California, United States of America


The following excerpt is from McKnight v. State Bar, 281 Cal.Rptr. 766, 53 Cal.3d 1025 (Cal. 1991):

[53 Cal.3d 1039] Under such circumstances, petitioner's mental disorder does not necessitate disbarment for the protection of the public or any other purpose related to attorney discipline. (See In re Abbott (1977) 19 Cal.3d 249, 254, 137 Cal.Rptr. 195, 561 P.2d 285 [prognosis for attorney's manic-depressive condition "not uniformly favorable"]; see also In re Fahey (1973) 8 Cal.3d 842, 850, fn. 4, 106 Cal.Rptr. 313, 505 P.2d 1369; cf. Baker v. State Bar (1989) 49 Cal.3d 804, 823, 263 Cal.Rptr. 798, 781 P.2d 1344.) On the other hand, given the seriousness of his misconduct, we remain unpersuaded its extenuating significance should prevail entirely and conclude a one-year actual suspension is fully supported by the record.

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