In re Hickey

1 Citing case

  1. In re Kelley

    52 Cal.3d 487 (Cal. 1990)   Cited 24 times
    Finding that a conviction for driving under the influence is not a crime involving moral turpitude

    Her repeated criminal conduct, and the circumstances surrounding it, are indications of alcohol abuse that is adversely affecting petitioner's private life. We cannot and should not sit back and wait until petitioner's alcohol abuse problem begins to affect her practice of law. (See In re Hickey (1990) 50 Cal.3d 571, 579 [ 268 Cal.Rptr. 170, 788 P.2d 684] [when attorney engages in violent criminal conduct as result of uncontrolled consumption of alcohol, we "need not wait until the attorney injures a client or neglects his legal duties" before imposing discipline].) Although it is true that petitioner's misconduct caused no harm to her clients, this fact alone does not insulate her from discipline aimed at ensuring that her potentially harmful misconduct does not recur. (7) Lack of past or present adverse impact on an attorney's practice or clients is an appropriate consideration in assessing the amount of discipline warranted in a given case, but it does not preclude imposition of discipline as a threshold matter.