California, United States of America
The following excerpt is from Dudugjian v. State Bar, 278 Cal.Rptr. 90, 52 Cal.3d 1092, 804 P.2d 715 (Cal. 1991):
"In disciplinary matters we independently examine the record in its entirety, weigh the evidence, and determine the appropriate discipline to be imposed. [Citations.] Accordingly, we are bound neither by the findings of fact of the State Bar [citation], nor by its conclusions of law [citation], nor by its recommendation as to discipline [citation]. Nevertheless, 'the burden is upon the petitioner to show wherein the decision or action [of the State Bar] is erroneous or unlawful.' [Citation.] 'Our principal concern is always the protection of the public, the preservation of confidence in the legal profession, and the maintenance of the highest possible professional [52 Cal.3d 1099] standard for attorneys.' " (Sands v. State Bar (1989) 49 Cal.3d 919, 928, 264 Cal.Rptr. 354, 782 P.2d 595.)
Petitioners contend that the decision of the review department is erroneous.
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