and Tzunux, and the included conditions required that Kim take the Multistate Professional Responsibility Examination and attend State Bar Ethics School. We agree with the hearing finding that prior record of discipline is judge’s Kim’s aggravating . . . because it also and placing his own “particularly involved [Kim’s] overreaching interests above those of his (Review Dept. 2002) 4 Cal. State the Matter of Gadda clients.” (In Bar Ct. Rptr. 416, 443-444 [similarities between prior and current misconduct render previous discipline more serious, as they indicate prior discipline did not rehabilitate]; see also In the (Review Dept. 2005) 4 Cal. State Bar Ct. Rptr. 829, 841 [great weight placed Matter of Shalant on common thread among and present misconduct].) attorney’s past 2. Multiple Acts (Std. 1.5(b)) We agree with the hearing judge that multiple acts of misconduct are an Kim’s aggravating factor, to which we assign moderate weight as Kim is culpable of four counts of varied misconduct that continued for months. (In (Review Dept. 1991) 1 Cal. the Matter of Bach State Bar Ct. Rptr. 631, 646-647 [three instances of misconduct considered multiple acts].) Kim argues that his misuse of six checks should not result in aggravation and unpersuasively argues for less aggravation by minimizing his misconduct. 3. No Additional Aggravation for Dishonesty and Overreaching (Std. 1.5(d)) The hearing judge found aggravation for dishonesty and overreaching based specifically on representation to his clients regarding the settlement amount they would receive. This Kim’s finding is based on the September 24, 2013 letter Kim prepared to convince his clients to sign the settlement agreement. The letter provided that each of his clients would receive not less than $118,000 from the total $425,000 settlement deducting all costs, expenses, and “after taxes.” However, we do not affirm this aggravation finding due to conflicting testimony as to Kim’s whether he intended, at the time he wrote the September 24 letter, to pay each client $118,000.
and Tzunux, and the included conditions required that Kim take the Multistate Professional Responsibility Examination and attend State Bar Ethics School. We agree with the hearing judge’s finding that Kim’s prior record of discipline is “particularly aggravating . . . because it also involved [Kim’s] overreaching and placing his own interests above those of his clients.” (In the Matter of Gadda (Review Dept. 2002) 4 Cal. State Bar Ct. Rptr. 416, 443-444 [similarities between prior and current misconduct render previous discipline more serious, as they indicate prior discipline did not rehabilitate]; see also In the Matter of Shalant (Review Dept. 2005) 4 Cal. State Bar Ct. Rptr. 829, 841 [great weight placed on common thread among attorney’s past and present misconduct].) 2. Multiple Acts (Std. 1.5(b)) We agree with the hearing judge that Kim’s multiple acts of misconduct are an aggravating factor, to which we assign moderate weight as Kim is culpable of four counts of varied misconduct that continued for months. (In the Matter of Bach (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 631, 646-647 [three instances of misconduct considered multiple acts].) Kim argues that his misuse of six checks should not result in aggravation and unpersuasively argues for less aggravation by minimizing his misconduct. 3. No Additional Aggravation for Dishonesty and Overreaching (Std. 1.5(d)) The hearing judge found aggravation for dishonesty and overreaching based specifically on Kim’s representation to his clients regarding the settlement amount they would receive. This finding is based on the September 24, 2013 letter Kim prepared to convince his clients to sign the settlement agreement. The letter provided that each of his clients would receive not less than $118,000 from the total $425,000 settlement “after deducting all costs, expenses, and taxes.” However, we do not affirm this aggravation finding due to Kim’s conflicting testimony as to whether he intended, at the time he wrote the September 24 letter, to pay each client $118,000.