Opinion

In Re Morse

  • 11 Cal. 4th 184
  • 44 Cal. Rptr. 2d 620
  • 95 Daily Journal DAR 11919
  • 900 P.2d 1170
  • 95 Cal. Daily Op. Serv. 6998
Court
California Supreme Court
Filed
Sep 1, 1995
Status
Published
Author
Kennard
On the bench
Kennard, Mosk
Cited by
13 cases

The opinion

KENNARD, J., Concurring.

As the majority explains, Attorney Ivan O. B. Morse sent out solicitations to homeowners offering to prepare homestead *214 declarations for them. I agree with the majority that these solicitations were misleading and made Morse subject to discipline. I write separately to express my concern with certain language in the majority opinion that may be misconstrued in future cases.

As Justice Mosk notes in his dissenting opinion, “the majority opinion [(see maj. opn., ante, at p. 209)] contains more than a subtle suggestion that Morse is being severely punished for exercising [his] right [to litigate the meaning and validity of Business and Professions Code section 17537.6 (the statute he was found to have violated)]—and for having the temerity to seek review of his State Bar case in this court. . . .” (Dis. opn., post, at p. 215].) I agree with Justice Mosk that an attorney’s nonfrivolous exercise of the right to litigate an appeal is not a proper basis for punishment in State Bar proceedings.

Unlike Justice Mosk, however, who would have imposed more lenient terms of suspension and probation than the majority, I join the majority’s disposition because it is within the appropriate range of discipline for Morse’s conduct.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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