RICHARD M. HIPPARD, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent.
No. S008378
Supreme Court of California
Dec. 11, 1989.
1084
Larson & Weinberg, Joel C. Johnson and Doron Weinberg for Petitioner.
Diane C. Yu, Truitt A. Richey, Jr., and Richard J. Zanassi for Respondent.
THE COURT.—This is a proceeding to review the State Bar‘s denial of Richard Hippard‘s petition for reinstatement to the practice of law. We hold that petitioner‘s discharge in bankruptcy of indebtedness to clients arising from misconduct did not preclude the State Bar from considering, as an indicator of rehabilitation, petitioner‘s efforts, if any, to make restitution; that petitioner did not meet his burden of demonstrating rehabilitation because he failed to prove either an inability to make restitution in whole or in part or an objectively verifiable effort to make restitution reasonably related to his ability to pay; and that the appropriate showing regarding restitution must be made before the granting of reinstatement, and not thereafter as a condition of reinstatement. We conclude petitioner should not be reinstated at this time.
FACTS
Petitioner was admitted to the practice of law in 1966. The State Bar initiated three separate disciplinary proceedings against petitioner based on misconduct that occurred between 1971 and 1975. In one of the proceedings, the Local Administrative Committee of the State Bar recommended in June 1976 that petitioner be disbarred. The recommendation was based on the finding that petitioner had misappropriated $3,967.66 from a client, Maxine Peairs. It was made after the entry of a judgment in favor of the client based, in part, on judicial findings that petitioner had converted funds and had wilfully and knowingly engaged in conduct which created an undue hardship on his client in breach of his fiduciary duties.
Thereafter, in August 1976, petitioner submitted his resignation to the State Bar. The Board of Governors adopted a resolution recommending acceptance by this court of petitioner‘s resignation subject to the completion of proceedings to perpetuate the evidence in the remaining two pending disciplinary matters. Petitioner and the State Bar then entered into “Stipulations and Admissions” in both of the remaining proceedings. Those stipulations and admissions, signed by petitioner on January 18, 1977, address a total of five counts and numerous instances of misconduct for the period 1972 to 1975.
Petitioner admitted the commission of the following acts of misconduct: (1) seven instances of borrowing money from clients either for himself or, in one instance, for a friend, totaling more than $22,000, without providing security or disclosing his poor financial condition and his probable inability to repay; (2) one instance of advising a client to loan funds at a usurious rate; (3) three separate instances of abandoning clients; (4) four instances of
In February 1977, we accepted petitioner‘s voluntary resignation without prejudice to further disciplinary proceedings in the event he should thereafter seek reinstatement. We also ordered petitioner to comply with rule 955, California Rules of Court (hereafter rule 955), subdivisions (a) and (c) within 60 and 70 days, respectively.2 Petitioner failed to do so.
Between 1976 and December 1979, petitioner worked as a sales agent for a real estate company. During that period, his earnings increased from approximately $15,000 to $27,500 a year. From 1977 to 1981, petitioner underwent professional counseling for what his therapist described as a “me-first” attitude that resulted in a “charming pattern of pushiness and aggressive extraction of supplies from the environment, feeling he has the right to whatever he needs.” Petitioner apparently has not sought or received counseling since 1981.
In April 1980, petitioner filed for bankruptcy, listing $88,762 as debts (including 24 judgments against him in the sum of approximately $58,000) and $3,520 as the value of his property. A number of petitioner‘s debts, including obligations to a number of his clients and to the Client Security Fund, were discharged by the bankruptcy court. Not discharged were petitioner‘s outstanding tax obligations and a judgment against him based on fraud (the misappropriation of funds from client Maxine Peairs). Petitioner has never repaid Maxine Peairs.
Between 1980 and 1984, petitioner worked for six different firms selling real estate, and for a brief period he was employed at an executive placement firm. He earned $10,000 in 1980; $33,900 in 1981; $9,500 in 1982;
Petitioner‘s marriage ended in an uncontested divorce in 1975. He has three children. Since his divorce, petitioner has paid child support and contributed to the costs of his children‘s education. In January 1987, when the petition for reinstatement was filed, petitioner‘s 3 children were 23, 21, and 16 years old. Petitioner testified that he has always believed he was morally, if not legally, obligated to repay his debts to his former clients. However, between 1980 and now, petitioner has not repaid his former clients any of the sums he had improperly obtained or converted. Although petitioner has stated he believes he may have made partial payments to some of his former clients before 1980, the record is inadequate to permit evaluation of such payments.
STATE BAR COURT PROCEEDINGS
The petition for reinstatement sets forth petitioner‘s divorce in 1975, his family background, his resignation, a brief summary of the disciplinary proceedings that recommended disbarment, his occupational history since 1976, his earnings and expenses, and a brief discussion of 15 lawsuits pending against petitioner at the time of his resignation and their outcome. The petition cites as justification for readmission the passage of 10 years since petitioner‘s voluntary resignation; his assertion that he has stabilized his life and begun to control his finances; the success of his therapy; and a number of testimonial letters from members of the legal profession and from friends, associates, and former clients. The testimonials include a letter from Attorney John Trump (petitioner‘s employer), stating, among other things, that petitioner has learned from his past misconduct; paid his debt to society; and, if readmitted, would be “a welcome addition to our legal staff.”3
By a vote of nine to two, the Review Department of the State Bar adopted the findings and conclusions of the hearing panel. In addition, it found that petitioner wilfully failed to comply with rule 955, as ordered by this court, “until after he had applied for reinstatement in 1987.” It cited petitioner‘s insufficient efforts to repay his clients or the Client Security Fund and his noncompliance with rule 955 as clearly and convincingly supporting the conclusion that he did not sustain his burden of showing exemplary conduct over an extended period of time. It then denied, again by a vote of nine to two, the petition for reinstatement. One of the referees who had voted to deny the petition noted that the issue of petitioner‘s rehabilitation presented a close question. The same referee, joined by another, also expressed the view it was unfortunate that reinstatement could not be accepted with conditions.
DISCUSSION
1. Burden of Proof
In seeking reinstatement, petitioner bears a heavy burden of proving rehabilitation. (Calaway v. State Bar (1986) 41 Cal.3d 743, 745 [225
This court does possess the plenary power to reinstate an individual to the practice of law notwithstanding the findings and recommendations of the State Bar to the contrary. The existence of this authority, however, does not nullify the rule that the State Bar‘s findings and decision are entitled to great weight. (Tardiff, supra, 27 Cal.3d at p. 404.) As we observed in Feinstein, supra, 39 Cal.2d at pages 547-548: “Although this court has plenary power to reinstate an applicant previously disbarred, it has always accorded the greater deference to the recommendation of The State Bar and its administrative committee. [Citation.] Only where the record clearly and convincingly demonstrates that the applicant possesses an acceptable appreciation of the duties and responsibilities of an attorney at law in relation to his clients and the courts may a decision overruling the unfavorable action of the Board of Governors be justified. [Citation.]”4
In this case, following an evidentiary hearing at which eight witnesses, including petitioner, testified, the hearing panel unanimously recommended against reinstatement. The review department adopted the hearing panel‘s recommendation. (See In re Jones (1971) 5 Cal.3d 390, 399 [96 Cal.Rptr. 448, 487 P.2d 1016]; Feinstein v. State Bar, supra, 39 Cal.2d at p. 547; cf. Resner v. State Bar (1967) 67 Cal.2d 799, 801, 807 [63 Cal.Rptr. 740, 433 P.2d 748].)
2. Restitution and Bankruptcy
Petitioner contends that he satisfied his burden of proving rehabilitation, and that the State Bar erred in concluding he has made insufficient efforts to repay clients or the Client Security Fund. He maintains that the denial of reinstatement based on his failure to repay debts discharged in bankruptcy in the absence of a clear showing of financial ability to do so
We recently addressed the propriety of imposing restitution as a condition of probation following a discharge of the underlying debt in bankruptcy. In Brookman v. State Bar (1988) 46 Cal.3d 1004, 1008 [251 Cal.Rptr. 495, 760 P.2d 1023], we reiterated that the purpose of attorney discipline is to protect the public from specified professional misconduct and at the same time rehabilitate the attorney. Because restitution is not imposed solely because the attorney has failed to pay a debt discharged in bankruptcy, we held that such a requirement does not violate the bankruptcy laws.5 (Brookman, supra, at pp. 1008-1009.) We further observed in Brookman that restitution “serves the state interest of rehabilitating culpable attorneys (and protecting the public) by forcing the attorney to ‘confront in concrete terms, the harm his actions have caused.‘” (Id. at p. 1009, quoting Kelly v. Robinson (1986) 479 U.S. 36, 49, fn. 10 [93 L.Ed.2d 216, 228, 107 S.Ct. 353].) For the same reasons, the State Bar may in its evaluation of a petition for reinstatement consider the efforts, if any, made towards restitution as an indicator of rehabilitation.
Petitioner correctly argues that restitution in and of itself is not necessarily determinative of whether rehabilitation has been proven. (Resner, supra, 67 Cal.2d at p. 810.) Restitution is to be considered as a factor in the overall factual showing made by the individual seeking reinstatement. The weight that should be attached to whether restitution has been undertaken in whole or in part is dependent upon the applicant‘s ability to restore the misappropriated funds as well as the attitude expressed regarding the matter. (In re Gaffney (1946) 28 Cal.2d 761, 764 [171 P.2d 873].) If the overall factual matrix presented in the specific case so warrants, restitution need not be of the full amount misappropriated. (Ibid.) The ability to make restitution in relation to the overall amounts involved may be such that a requirement of full restitution would be the practical equivalent of a permanent preclusion of reinstatement, either because it would simply be beyond the applicant‘s financial capability or because the burden over a period of time would be sufficiently onerous as to be economically destructive. (See Resner, supra, 67 Cal.2d at pp. 810-811; In re Gaffney, supra, 28 Cal.2d at pp. 764-765.) In this context, the significance of restitution is its probative value as an indicator of rehabilitation, not the repayment of the underlying indebtedness.
Petitioner maintains that the absence of any repayments since 1980 does not support the State Bar‘s recommendation against reinstatement, because the State Bar denied his petition for reinstatement without regard to his ability to pay and despite his uncontradicted evidence of inability to pay.
A review of the record in this case, including the transcripts of the evidentiary hearing, does not compel the conclusion that petitioner met his burden of establishing inability to make any restitution. The record indicates the existence of a large number of judgments against, and other financial obligations of, petitioner. It describes what has occurred with respect to some of the judgments and obligations and contains statements that petitioner made some unspecified repayments to clients prior to his bankruptcy and that he made largely unspecified payments on numerous other obligations.
Petitioner has made an insufficient showing of an inability to make even partial restitution or an objectively verifiable effort to make restitution reasonably related to his ability to pay. The record lacks specificity regarding the numerous obligations and payments asserted by petitioner. The evidence submitted by petitioner as to his income and expenses does not demonstrate a complete inability to pay.7 The burden was on petitioner to
3. Other Evidence of Rehabilitation
Petitioner contends that, apart from the issue of restitution, he presented overwhelming evidence of rehabilitation. Because, as explained earlier, the absence of restitution or a thorough showing of an inability to make any restitution is a significant factor in evaluating rehabilitation, petitioner‘s remaining evidence must be quite convincing to satisfy his burden of establishing rehabilitation.
Although petitioner‘s other evidence of rehabilitation is appreciable, it is not of sufficient strength for us to reject the State Bar‘s recommendation. Petitioner has submitted twenty-seven letters of support: fifteen from members of the bar; one from a superior court judge; nine from friends, employers and coworkers; and one from his former therapist. Of those letters, nine are from individuals who have known petitioner since before his resignation. These testimonials, particularly those submitted by members of the bench and bar and those from persons who have known petitioner for a number of years, are entitled to great weight. But they do not constitute conclusive evidence and are not necessarily determinative. (Pacheco v. State Bar (1987) 43 Cal.3d 1041, 1053 [239 Cal.Rptr. 897, 741 P.2d 1138].) In addition to the letters, eight individuals, including petitioner, testified at the evidentiary hearing in favor of the petition for reinstatement.
Petitioner‘s evidence does indicate substantial progress towards rehabilitation. It discloses, for example, that petitioner has always been a good father to his children and has, since approximately 1982, regularly met his child support obligations. It also indicates that following his resignation petitioner did not conceal and, when appropriate, fully disclosed his former problems to his employers and others. He did seek, and benefit from, therapy in the late 1970‘s and early 1980‘s. His evidence further supports the conclusion that he has diligently performed his tasks and earned the respect of his coworkers and employers since his undertaking of legal assistance services for Attorney Trump. The passage of an appreciable period of time is also an appropriate consideration.
However, the evidence is not unequivocal. Several of the witnesses testified that they would feel a moral obligation to repay the funds improperly
4. Rule 955
On February 23, 1977, we filed an order accepting petitioner‘s resignation and directing him to comply with
Petitioner asserts the State Bar improperly considered his “technical” noncompliance with
We have refused to distinguish between “substantial” and “insubstantial,” that is, “technical,” violations of rule 955. (Lydon v. State Bar (1988) 45 Cal.3d 1181, 1187 [248 Cal.Rptr. 830, 756 P.2d 217].) Compliance with rule 955 is an important consideration in every case. The rule “performs the critical prophylactic function of ensuring that all concerned parties—including clients, cocounsel, opposing counsel or adverse parties, and any tribunal in which litigation is pending—learn about an attorney‘s discipline. [Citations.] It also keeps this court apprised of the location of attorneys who are subject to our disciplinary authority. Thus, a wilful violation of this rule is, by definition, deserving of strong disciplinary measures.” (Ibid.) Violation of the rule may, among other things, warrant denial of reinstatement or readmission. (
Although we cannot condone petitioner‘s failure to comply with rule 955, as ordered by this court, we do agree that his noncompliance in and of itself would not, on the facts presented, support a denial of reinstatement. A contrary conclusion would effectively foreclose petitioner from ever being
However, petitioner‘s failure to comply with this court‘s order is not all that is presented by this case. As noted earlier, petitioner has not met his heavy burden of showing rehabilitation. Both his decision to voluntarily undertake a “program” of repayment in monthly installments of $100 and his decision to comply with rule 955 occurred after he had filed his petition for reinstatement. Where, as here, there is a significant infirmity in the showing of rehabilitation, the failure to comply with rule 955 is a proper consideration.
5. Conditional Reinstatement
Petitioner contends the State Bar erred in concluding as a matter of law that he could not be conditionally reinstated. He suggests it would be appropriate to reinstate him on the condition that he repay the Client Security Fund within a two-year period.
We note that the State Bar did not as a matter of law conclude conditional reinstatement was legally impermissible. Only four of the eleven review department referees referred to conditional reinstatement. Two of the nine review department referees voting in favor of denying the petition for reinstatement expressed regret that applications for reinstatement could not be accepted subject to conditions. The two dissenting members recommended reinstatement with conditions.
The two members who indicated they believed conditional reinstatement was legally impermissible cited our decision in Tardiff, supra, 27 Cal.3d 395 as authority for their position. As petitioner argues, the two referees improperly relied on Tardiff. Although the hearing panel in Tardiff recommended readmission with conditions, our decision denying the petition was based on the failure of the petitioner in that case to meet his burden of establishing rehabilitation. (Id. at pp. 404-405.) We neither accepted nor rejected the concept of conditional readmission in Tardiff.
We have not previously determined the propriety of conditional readmission following disbarment or resignation with charges pending. There appears to be no legal barrier to our imposing conditions in connection with
While we need not and do not decide in this case that reinstatement may never be granted subject to appropriate conditions (see Tardiff, supra, 27 Cal.3d 395), we do conclude that the condition suggested by petitioner is inconsistent with the basic purpose underlying reinstatement. An applicant seeking reinstatement must show rehabilitation. (
CONCLUSION
Petitioner has established his present learning and ability in the general law. However, he has not met his burden of demonstrating rehabilitation. Specifically, he has neither shown a meaningful attempt to make restitution in whole or in part nor an inability to do so. He may reapply for reinstatement after the formulation of a plan of restitution and adherence to the plan for a meaningful period of time, or upon a specific showing of inability to make restitution in whole or in part. (
The petition for reinstatement is denied. This is effective upon finality of this decision in this court. (See
PANELLI, J.—I respectfully dissent. The majority relies upon petitioner‘s failure to have made restitution for debts discharged in bankruptcy in finding him insufficiently rehabilitated to warrant reinstatement. I believe that our refusal to reinstate petitioner because he has not made restitution of those debts unconstitutionally contravenes federal bankruptcy law.
While giving weight both to disciplinary recommendations of the Review Department of the State Bar (review department) and factual findings of the
The review department found that petitioner had the requisite learning in general law to be reinstated, but denied his petition, focusing, as does the majority, on the facts that petitioner (1) failed to fully repay his clients or the State Bar Client Security Fund (Client Security Fund) for moneys he earlier obtained from his clients, and (2) failed to comply as ordered with California Rules of Court, rule 955 (hereafter rule 955) until after he had applied for reinstatement in 1987.
1. Petitioner‘s Rehabilitation.
In my view, the evidence amply demonstrates that petitioner is now morally rehabilitated though still financially incapable of making full restitution to his former clients. He presented 27 letters in support of his petition for reinstatement, 15 of which were written by members of the bar and 1 by a superior court judge. Attorney John Trump, petitioner‘s current employer, indicated that he would associate petitioner with his law firm if petitioner is reinstated. We have traditionally accorded great weight to attorneys’ and judges’ assessment of an applicant‘s moral fitness because current members of the bar are likely to appreciate the stringent moral standards of the legal profession. (Pacheco v. State Bar (1987) 43 Cal.3d 1041, 1053 [239 Cal.Rptr. 897, 741 P.2d 1138]; Tardiff, supra, 27 Cal.3d at p. 403; see also Rules Proc. of State Bar, div. V, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(e)(vi).) In addition, seven witnesses, including his ex-wife, appeared on petitioner‘s behalf at the State Bar hearing and testified to his remorse for his past mistakes and success in overcoming his personal and professional problems. His supporters all testified to his intelligence, honesty and trustworthiness and recommended his reinstatement; those who have known petitioner since the early 1970‘s stated that they have witnessed a marked improvement in his personality since that time.
The State Bar challenged several of these testimonials on the ground that the authors did not have personal knowledge of petitioner‘s prior
In rejecting petitioner‘s request for reinstatement, the majority relies almost exclusively on his failure to make restitution to his former clients and the Client Security Fund. But restitution is simply one factor of moral fitness and is not the litmus test for rehabilitation. (Resner, supra, 67 Cal.2d at p. 810.) “The importance of making restitution, and a conclusion respecting the weight which should be attached thereto, should be determined largely by the financial or other ability of the attorney to restore that which he has misappropriated, as well as by his attitude of mind regarding the matter.” (In re Gaffney (1946) 28 Cal.2d 761, 764 [171 P.2d 873].)
Petitioner has stated that he has always felt morally obligated to repay his former clients, even though he is not legally required to pay any debts discharged in bankruptcy. Over the past 12 years, he has attempted at different times to partially repay some of his former clients, has completely paid off Mr. Christian, Ms. Schilder and the Allen Corporation, as well as several other court judgments entered against him, and has kept current on payments for child support and back taxes.2 Pending his readmission, petitioner voluntarily began placing money in an account toward repayment of his former clients and the Client Security Fund, and has indicated an intent to begin a comprehensive payment schedule as soon as his earnings permit.
Record evidence establishes that petitioner‘s income and circumstances have not provided him with the ability to make restitution. From 1984
In sum, I believe that petitioner has established his burden of proving rehabilitation. (Calaway v. State Bar (1986) 41 Cal.3d 743 [petitioner reinstated nine years after disbarment for involvement in illegal gambling]; Resner, supra, 67 Cal.2d 799 [petitioner reinstated seven years after disbarment for misappropriation]; In re Gaffney, supra, 28 Cal.2d 761 [petitioner reinstated four years after disbarment for misappropriation].) In the early 1970‘s, petitioner‘s attempt to support a lifestyle beyond his means, coupled with the pressure from the breakup of his marriage, caused him to violate his professional duties by borrowing from clients and dipping into client trust funds. Without excusing his past misconduct, we should find that petitioner has adequately demonstrated he will not repeat his transgressions. His wrongdoings occurred more than 15 years ago.4 Since then, he has stabilized his life and controlled his finances. He has held a steady job in a law firm for more than five years, earning the respect of his colleagues and supervisors. He has paid off several old debts and has made a good faith effort at beginning a comprehensive repayment schedule. In addition, he has not practiced law for more than 12 years. Dr. Fraser, petitioner‘s psychotherapist, feels that petitioner has overcome his selfish tendencies and is now able to maturely handle his personal and professional finances. Dr. Fraser stated that he believes petitioner “would now responsibly handle the finances in a law practice without overextending himself, because of the progress he made in his therapy.”
I believe petitioner has provided clear and convincing evidence of his moral and professional reform, satisfying the requirements for reinstatement.
Moreover, the majority‘s action today, refusing to reinstate petitioner because he has not made restitution for debts discharged in bankruptcy,
The United States Bankruptcy Code provides in relevant part that a “governmental unit may not deny, revoke, suspend or refuse to renew a license . . . of . . . a bankrupt or debtor under the Bankruptcy Act . . . solely because such debtor is or has been a debtor under the Bankruptcy Act . . . or has not paid a debt that was discharged under the Bankruptcy Act.” (
By refusing to reinstate petitioner almost exclusively because of his failure to make restitution, the majority seeks, in essence, to penalize him for availing himself of the bankruptcy laws.
In Perez v. Campbell (1971) 402 U.S. 637, 648 [29 L.Ed.2d 233, 241, 91 S.Ct. 1704], the Supreme Court stated that the federal bankruptcy laws are designed to give debtors a new opportunity in life, unhampered by the pressure of existing debt. A state statute that coerces a debtor to reaffirm a discharged debt contravenes the purpose of the federal bankruptcy laws, thus violating the supremacy clause of the United States Constitution. (Id. at p. 656 [29 L.Ed.2d at p. 246] [state may not deny driving privileges to applicant who discharged in bankruptcy a judgment arising out of an earlier automobile accident].) Other states, relying on Perez, have declined to refuse reinstatement of an attorney for a failure to make restitution. (Application of Gahan (Minn. 1979) 279 N.W.2d 826, 829 [4 A.L.R.4th 426] [state bar may not consider applicant‘s willingness or ability to repay debts discharged in bankruptcy when judging moral character; it may inquire into conduct leading up to a bankruptcy]; Florida Bd. of Bar Examiners (Fla. 1978) 364 So.2d 454, 460 [state bar may not deny admission based on applicant‘s filing for bankruptcy].) The majority thus improperly relies on petitioner‘s failure to make restitution either to his former clients or to the Client Security Fund for debts he discharged in bankruptcy as a basis for rejecting his petition for reinstatement.5
Two important considerations distinguish Brookman from this case.
First, as discussed below, Brookman‘s holding applies only to restitution of government funds, not moneys owed private creditors, and only when the restitution of those funds is not meant as compensation for actual pecuniary loss. Brookman relied on Kelly v. Robinson (1986) 479 U.S. 36 [93 L.Ed.2d 216, 228, 107 S.Ct. 353], which held that restitution of wrongfully received welfare benefits could be made a condition of probation following a subsequent larceny conviction, because such restitution came within a class of payments described in
Second, the petitioner in Brookman did not dispute the need for rehabilitation in his case. (Brookman, supra, 46 Cal.3d at p. 1007.) The Brookman court, consequently, did not need to consider whether the order in that case amounted to reliance upon what is at most a tangential objective (rehabilitation) as a pretextual means of compelling the petitioner to reaffirm a debt discharged in bankruptcy. Such a reliance has been declared to be an impermissible derogation of federal bankruptcy law. (Perez, supra, 402 U.S. at p. 652 [29 L.Ed.2d at p. 244].) The majority‘s action in this case invites such characterization in citing no significant evidence of petitioner‘s lack of rehabilitation apart from evidence relating to his failure to make restitution. (See fn. 1, ante, at p. 1100.)
2. Compliance with Rule 955.
While acknowledging it would not alone support denial of his reinstatement, the majority contends that petitioner‘s failure to comply with rule 955 at the time of his resignation is a proper factor to consider in light of petitioner‘s asserted lack of rehabilitation. I disagree. The primary purpose of rule 955 is to ensure that all concerned parties, including clients, cocounsel, opposing counsel and any tribunals in which litigation is pending, learn about the State Bar‘s discipline of an attorney.6 (Lydon v. State Bar (1988) 45 Cal.3d 1181, 1187 [248 Cal.Rptr. 830, 756 P.2d 217].)
At the time of petitioner‘s resignation, he had no clients and no pending matters. In fact, he had effectively closed down his law practice a year
However, rule 955 also has a secondary purpose: to keep the State Bar and the court apprised of the location of attorneys who are subject to their disciplinary authority.8 (Lydon, supra, 45 Cal.3d at p. 1187.) In the past, we have held that failure to file an address may be grounds for disbarment. (Lydon, supra, 45 Cal.3d 1181; Powers v. State Bar (1988) 44 Cal.3d 337 [243 Cal.Rptr. 386, 748 P.2d 324].) Both Lydon and Powers are distinguishable from the present case, however. In those cases, the State Bar had attempted on several occasions to communicate with the attorneys involved only to have their letters returned by the postal service. In addition, both Lydon and Powers had failed to appear at several State Bar hearings, including the hearings regarding their alleged violation of
Mosk, J., and Broussard, J., concurred.
Petitioner‘s application for a rehearing was denied March 1, 1990. Broussard, J., and Panelli, J., were of the opinion that the petition should be granted.