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Mitigation
(Rose)

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Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation.

Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation.
 

Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation.

The record reveals that defendant experienced unusual stress during the breakup of his marriage and underwent profound depression following an adverse verdict in a difficult and emotionally trying personal injury case. Marital and other stressful emotional difficulties may be considered in mitigation. (In re Mostman (1989) 47 Cal.3d 725, 742 [254 Cal.Rptr. 286, 765 P.2d 448]; Hunniecutt v. State Bar, supra, 44 Cal.3d 362, 373-374.) Petitioner also presented the testimony of a qualified expert regarding certain aspects of petitioner's personality which caused him to assume more responsibilities that he could competently handle and to procrastinate when faced with certain kinds of problems, and regarding the progress petitioner has made in recognizing and overcoming these personality defects. This testimony was uncontradicted. [12] Disabling psychological disorders are mitigating if convincingly established by substantial credible evidence. (Bowles v. State Bar (1989) 48 Cal.3d 100, 110 [255 Cal.Rptr. 846, 768 P.2d 65]; Frazer v. State Bar (1987) 43 Cal.3d 564, 576-578 [238 Cal.Rptr. 54, 737 P.2d 1338].) On the other hand, the time constraints of a busy solo practice and lack of management skills have generally not been regarded as mitigating per se, and we do not so regard them here. (Farnham v. State Bar, supra, 47 Cal.3d 429, 445; Garlow v. State Bar (1988) 44 Cal.3d 689, 711 [244 Cal.Rptr. 452, 749 P.2d 1307].) [11b] Petitioner voluntarily sought treatment for his condition, a circumstance which we have also recognized as mitigating. (In re Mostman, supra, 47 Cal.3d 725, 742.) We also give mitigating weight to petitioner's demonstrated legal abilities, his dedication to the cause of the disabled, and his zeal in undertaking pro bono work. (Hawk v. State Bar (1988) 45 Cal.3d 589, 602 [247 Cal.Rptr. 599, 754 P.2d 1096].)
Rose v. State Bar (1989) 49 Cal.3d 646 , 262 Cal.Rptr. 702; 779

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Privilege of Defendant in Criminal Case .......930 
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