If this lawyer has committed perjury in a recent trial brief, can he be disbarred?

Question

Here is what he says of himself:
"The facts are: in 1977, about one week after being elected President of the San Diego County Bar, I was arrested. I was viewed by many as being bent on self destruction and nearly succeeded. I immediately resigned my position and I ultimately pleaded guilty to conspiracy to receive stolen property. My co-conspirator was an old friend who remains my friend to this day. For your information, I am not a convicted felon. The offense was adjudicated a misdemeanor, I believe prior to the completion of my probation. As a separate part of the process I stipulated (agreed) with the State Bar of California to serve a three year suspension from the practice from 1978 to October 1981. "

Answer 1

Perjury is serious and must be proved to the court. Ordinarily it is not sufficient for disbarrment of itself. However, if it results in charges filed against the attorney and he is found guilty, that is a different matter. It is up to the Bar to determine whether the additonal humilation of disbarring him would be warranted in the circumstances.

Answer 2

Perjury is lying under oath, or lying to the court.

Lawyers have an ethical duty of integrity, as officers of the court, to give true and accurate information in any court proceeding.

California Rules of Professional Conduct mandate that an attorney "Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law"

You have quoted him as saying something. Can you prove that what he said is objectively false or deliberately misleading?

If I told you that I went to one university to study computers, but my transcript shows I graduated from a different university with a degree in law, did I lie? Or does it depend on the fact that I did actually go to the first university for two years as a computer science major, but went back to a different school 18 years later to get the other degree?

There's lot that is subject to interpretation, and if the actual facts and charges are represented correctly, then I wouldn't consider subjective opinions to be perjury.

But if you think that the attorney committed a breach of the Rules of Professional Conduct, you can report him to the State Bar. They will determine what happens after that.

Answer 3

Hell yes (assuming the perjury is actually established) ... I once heard of a lawyer being disbarred for putting slugs in parking meters outside of the courthouse.

Your section on "what he says ..." is actually of no use in answering the question, btw.