In re Lesansky

Summary

The California Supreme Court held that an attorney may be summarily disbarred under Business and Professions Code section 6102, subdivision (c), for a felony conviction involving moral turpitude even when the offense was private, unrelated to the practice of law, and did not involve a client. The court concluded that attempting to commit a lewd act on a child necessarily involves moral turpitude and demonstrates unfitness to practice law. The court ordered Stuart K. Lesansky disbarred and his name stricken from the roll of attorneys.

Holdings

1. A felony committed outside the practice of law and not against a client may support summary disbarment when it involves moral turpitude that demonstrates the attorney's unfitness to practice law.
2. Criminal conduct outside the practice of law or unrelated to a client demonstrates moral turpitude when it reveals a deficiency in a character trait necessary for law practice, constitutes a serious breach of a duty to another or society, or shows flagrant disrespect for law or societal norms likely to undermine public confidence in the legal profession.
3. An attempted lewd or lascivious act on a child who is 14 or 15 years old and at least 10 years younger than the perpetrator necessarily involves moral turpitude for purposes of attorney discipline and supports summary disbarment.

Questions Presented

1. Whether Business and Professions Code section 6102, subdivision (c), authorizes summary disbarment for a felony involving moral turpitude when the criminal conduct was private, unrelated to the practice of law, and did not involve a client.
2. Whether an attempted lewd act on a child under Penal Code section 288, subdivision (c)(1), necessarily involves moral turpitude for purposes of attorney discipline.
3. Whether the attempt nature of the offense and the absence of proof that a child was actually harmed preclude summary disbarment.

Disposition

other