The legal profession requires attorneys to adhere not only to ethical rules but also to disciplinary orders designed for rehabilitation. Attorney Gilbert Whitney Leigh, a California Bar member since 1991, has faced the severe consequence of a lengthy, indefinite suspension of his law license for a persistent failure to comply with his probationary terms.
The California Supreme Court’s order, effective October 24, 2025, upheld the State Bar Court’s decision, making Leigh’s return to practice highly conditional and placing the burden of proving fitness entirely on him.
The Violation: Persistent Probation Failure
Leigh’s current severe sanction stems directly from his lack of compliance with a prior disciplinary probation. This demonstrated a significant lack of rehabilitation and a disregard for his ethical obligations.
His primary probation violations included:
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Failure to Attend Meetings: Leigh repeatedly missed deadlines or failed to submit adequate proof of attendance at abstinence-based self-help group meetings (specifically Alcoholics Anonymous, or AA), which were a mandatory term of his prior discipline.
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Failure to File Reports: He consistently missed deadlines for filing mandatory reports with the State Bar, including quarterly reports, abstinence reports, proper handling of funds reports, and medical reports.
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Failure to Complete Education: He failed to submit proof of completing required educational courses, specifically Ethics School and Client Trust Accounting (CTA) School.
The State Bar Court viewed these multiple, repeated failures as evidence of a persistent disregard for his ethical obligations and his inability to comply with necessary professional supervision.
The Sanction: Indefinite Actual Suspension
The California Supreme Court upheld a severe sanction structure designed to protect the public by ensuring Leigh only returns to practice when he is demonstrably fit:
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Four-Year Suspension (Stayed): The Court imposed a four-year suspension, but stayed the execution of it, placing him on four years of probation.
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Minimum Three-Year Actual Suspension: Leigh must serve an actual suspension of at least three years.
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Indefinite Extension: The suspension will extend indefinitely beyond the initial three-year period until he affirmatively meets several stringent conditions, including:
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Demonstrating Rehabilitation.
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Proving Fitness to Practice Law to the satisfaction of the State Bar Court.
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Demonstrating Current Competence in General Law.
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Additional Requirements:
Leigh must also take and pass the Multistate Professional Responsibility Examination (MPRE) and pay $2,500 in monetary sanctions plus the costs of the disciplinary proceedings. His current status is listed as Not Eligible to Practice Law in CA.
Conclusion: The High Standard of Rehabilitation
The indefinite suspension of Gilbert Whitney Leigh serves as a potent reminder that discipline is not merely punitive; it is remedial. When an attorney has substance abuse or mental health issues that contribute to misconduct, the Bar may impose conditions aimed at rehabilitation. However, the failure to comply with those conditions proves a lack of fitness to practice and results in a far more severe consequence than the initial misconduct might have warranted.
Leigh will remain barred from the practice of law until he can demonstrate, through documented evidence, that he has fully addressed the issues that led to his repeated non-compliance. The Court’s order emphasizes that the responsibility for rehabilitation, and the subsequent restoration of public trust, rests entirely upon the attorney.