Squishy Justice

Kafkaesq

One problem with moral turpitude is that the “incapable of precise definition” squishiness of the concept makes it difficult to evaluate the evidence.    “Incapable of precise definition” becomes a variant of “I know it when I see it”  and thus self-evident.   Witness this decision from the Hearing Department of the State Bar Court.

Another squishy legal doctrine appears in the decision.   The Office of Chief Trial Counsel also alleged that the respondent breached his duty to uphold the law of the State of California under Business and Professions Code section 6068(a) by committing breaches of fiduciary duty against his client (at page 37.)    In the Matter of Lilley (Review Dept. 1991) 1 Cal. State Bar Ct.  Rptr. 476, 487 held that section 6068(a) could serve as a “gateway” statute to find an an attorney culpable for a disciplinary violation of an…

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