I dissent. There was public danger inherent in petitioner’s serious misconduct, but the circumstances that gave rise to that misconduct were unique and no longer exist. Contrary to the majority’s premise, there is no danger to the public or anyone else from petitioner’s one-time, aberrational conduct stemming from circumstances that no longer exist and as to which there is not the slightest possibility of recurrence. Thus, while disbarment in this case will doubtlessly be applauded in some circles, it is wholly unwarranted. It serves only to punish an apparently talented lawyer whose misconduct resulted from the most desperate, life-threatening circumstances. Indeed, such drastic discipline serves the public interest less well than would a long period of probation on appropriate conditions, including proof of fitness before returning to the practice of law.
*250The record discloses the following uncontroverted facts: After adamantly refusing several times her then-husband’s insistent demands that she take the bar examination for him, petitioner eventually did so only when she was so desperately physically ill and overwhelmingly mentally intimidated by his barbaric threats and conduct that she felt she had no alternative but to do so, or lose the unborn child with which she was then many months pregnant. The child has long since been born and petitioner’s marriage to her former husband has been dissolved. The circumstances were absolutely unique and could not possibly recur.
Petitioner is an insulin-dependent diabetic. When she became pregnant, her physician advised her the pregnancy and its anticipated complications would be life threatening and recommended that she have the pregnancy aborted. She refused. What ensued was nightmarish.
The physician’s predictions proved all too true. Petitioner’s pregnancy was extremely difficult and provoked severe complications of her diabetes, resulting in substantial, even life-threatening risks to her and her unborn child.
Hormonal changes because of the pregnancy made petitioner’s diabetes difficult to control. Yet the doctors told petitioner that inadequate control could result in an overly large baby or render the mother unable to properly nourish the baby. Petitioner was compelled to maintain a strict dietary regimen and to undergo multiple blood tests and insulin injections each day; still, she was unable to achieve control of her diabetic condition. The unstable diabetes produced a toxic substance, acetone, in petitioner’s body. She became so weak and dizzy she could hardly hold her head up. Petitioner’s physicians told her that the heavy levels of acetone in her body could cause severe spinal deformities or other handicapping or fatal defects in the baby.
Petitioner developed toxemia and proteinuria, both kidney malfunctions, early in her pregnancy. Toxemia raises the blood pressure and can kill the mother, or the fetus, or both. Petitioner’s blood pressure was elevated to dangerous levels for both her and her child.
Proteinuria caused her kidneys to over-eliminate protein from the body, depriving it of needed nourishment for herself and the fetus. Petitioner was required to lie still and not to exert herself to avoid expending her slender protein resources. The proteinuria also resulted in massive edema (swelling). Petitioner’s legs became so swollen that her skin was split and bleeding. Her attending physicians feared the swelling would enter the womb and threaten the life of the fetus. The proteinuria further exacerbated petitioner’s already dangerously high blood pressure. To alleviate the proteinuria, *251petitioner entered the hospital to receive intravenous blood protein. She also required two blood transfusions.
Petitioner was also hospitalized numerous times during her pregnancy because of uncontrollable vomiting and a dangerous insulin reaction.
In addition, petitioner suffered from proliferative diabetic retinopathy, a condition which causes hemorrhaging of blood vessels in the eyes and can result in blindness. The pregnancy further weakened the blood vessels in petitioner’s eyes and increased the risk of blindness.
The complications of the pregnancy not only stripped petitioner of her physical resources, but the extreme stress of the pregnancy, her inability to control her diabetes, and the effects of the acetone, high blood pressure and protein deficiency fundamentally affected petitioner’s mental and emotional health as well. She lived in fear that as a result of the pregnancy there was a good chance that she would become blind, the baby would be severely handicapped, or that death would result for either petitioner, the baby, or both. In short, petitioner was mentally and emotionally distraught and confused.
In addition to the overwhelming physical and emotional problems of her pregnancy, petitioner’s marriage and home life had become nothing short of a disaster.
Petitioner had met Morgan Lamb in law school. In 1983, after their graduation from law school, Morgan accepted employment at a prestigious law firm in Houston. Petitioner joined Morgan in Houston and they were married in October 1983. After passing the California bar examination, petitioner was hired as an attorney in the Houston office of the Securities and Exchange Commission (SEC). Soon after, however, things began to fall apart.
Morgan failed the Texas bar examination. He began to act depressed and moody. He would cry, hide in bed, or watch television. He also became violently argumentative.
Morgan retook the Texas bar examination. He was so convinced he would fail again that he became hysterical. Although he did pass, he was fired by his law firm. His reactions became more extreme, violent and unpredictable. He would shout and throw things, and even abused petitioner physically.
After these setbacks, petitioner and her husband attempted a new start. They moved to Los Angeles where Morgan had secured a position with a *252prominent law firm. Petitioner was able to transfer to the Los Angeles office of the SEC.
Morgan sat for the February 1985 California bar examination. By this time, petitioner was pregnant and already so ill she had to take a leave of absence from her job. Then, within a short space of time, Morgan was fired from his position with the Los Angeles law firm and he received a letter notifying him that he had failed the California bar examination. After that, he lost any semblance of self-control. He threw heavy objects and furniture. He smashed large lamps and tore down the curtain rods. He screamed at petitioner and pushed her violently. He threatened to kill himself. He threatened to kill petitioner and the baby. Petitioner was so frightened she removed a gun he kept near the bed. Members of petitioner’s family who visited her saw broken glass on the floor, smashed lamps, holes in the wall and bits of food plastered on the wall. Petitioner lived in fear of her husband’s violent tantrums.
Petitioner desperately wanted to save her marriage and the lives of herself and her baby. The stress of her home situation placed an intolerable stress on the unborn baby because of petitioner’s extremely high blood pressure and physical illnesses. Her doctors told her she had to alleviate the stress or risk the life of her baby or herself. Petitioner was required to lie still because of her dangerous protein deficiency. At times, however, Morgan would shake her and force her to get up and do housework and take care of him.
Morgan became convinced he could not pass the bar examination and repeatedly importuned petitioner to take it for him. She refused numerous times, although she was afraid of what he might do to her or to himself if she did not relent. Each time she refused he would fly into a rage. Finally, in her weak and confused state, petitioner gave in to her husband’s demands that she take the exam for him because she could not think of any way to refuse without endangering herself or the baby. She submitted her photograph with his application to take the July 1985 bar examination. Even thereafter, she attempted to convince her husband to take the examination himself and studied with him so that he would be prepared for the examination. For a short time, that plan seemed to be working, but then Morgan began to find more and more excuses not to study. Ultimately, petitioner succumbed to the overwhelming pressures and took the examination posing as her husband.
Immediately upon completing the bar examination, petitioner entered the hospital, where her doctors urged her to have the baby delivered at once or risk the death of both herself and her baby. Petitioner refused because the baby’s lungs were too underdeveloped for it to survive outside her body. *253Petitioner underwent experimental treatments to help the baby’s lungs develop. She herself was on the verge of death and required intensive care. After 10 days, labor was induced and a healthy baby girl was born, 2 months prematurely.
Discussion
Petitioner does not claim that her conduct was justified or legally excused by these circumstances. She in fact stipulated her conduct involved moral turpitude and accepts responsibility for it. Rather, the issue is what discipline is appropriate for petitioner’s conduct.
In fastening upon disbarment as the appropriate discipline the majority give insufficient consideration to the mitigating circumstances in this case. The majority discount petitioner’s evidence in mitigation because they do not find it “clear and convincing” that she no longer suffers from the extreme emotional and physical difficulties which contributed to her misconduct. (Rules Proc. of State Bar, div. V, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(e)(iv).) They, like the hearing officer and the review department, reach this conclusion on the basis that petitioner’s problems require long-term ongoing psychological therapy, and that she has failed to demonstrate a commitment to such counseling.
Petitioner’s “long term” psychological problems relate to her childhood in a dysfunctional family where one parent abused drugs and all the family members became withdrawn and isolated. Yet it is uncontroverted that, despite the psychological shortcomings attributable to her past, petitioner had always been able to conform her conduct to the highest ethical standards. The record shows that the conduct leading to this offense was completely aberrational and out of character. It was only in the unique combination of situational circumstances here, in which she was on the verge of complete physical, mental and emotional collapse, that she engaged in these bizarre acts.
Petitioner has shown, not only clearly and convincingly, but beyond question, that she has done everything possible to eliminate the extreme emotional and physical difficulties that led to the misconduct. She is, of course, no longer pregnant and no longer suffers the dire complications brought on by the combination of pregnancy and her diabetes. She has ended her marriage to Morgan Lamb. Though she cannot change the fact of her diabetes, she has brought it under control. And she has committed to voluntary, long-term therapy to overcome her problems. A fair reading of the record shows that the hearing officer had before him significant evidence *254that, despite her need for therapy to overcome her past problems, her therapist was of the opinion that it was extremely unlikely that petitioner “will do anything remotely like this again.” In addition, petitioner’s probation after her criminal conviction was terminated early, based in part on her success in ongoing therapy. The hearing officer’s concern that petitioner would not continue in therapy absent the compulsion of probation has been answered. Petitioner has voluntarily continued in therapy after termination of her probation, and she has submitted a letter to this court from her therapist documenting her continued progress in therapy.1
The circumstances established by the record are clearly overwhelmingly mitigating and demand a discipline less severe than disbarment. This court has imposed less severe discipline in cases where the mitigating circumstances were far less compelling and where the misconduct was at least as egregious.
In the recent case of In re Mostman (1988) 47 Cal.3d 725 [254 Cal.Rptr. 286, 765 P.2d 448], an attorney solicited another person to kill or do bodily injury to a former client. The mitigating circumstances included initial refusals to engage in misconduct, the conduct did not stem from the attorney’s practice of law, the attorney was in great emotional distress because he believed the former client had engaged in a campaign of intimidation and harassment against him, and he had been remorseful and cooperative concerning his conviction. Although the attorney had been twice disciplined before, we imposed five years’ probation and an actual suspension of two years. In In re Nadrich (1988) 44 Cal.3d 271 [243 Cal.Rptr. 218, 747 P.2d 1146], an attorney was convicted of possessing, with intent to distribute, 30 grams of LSD. In mitigation, the attorney’s addiction to an opiate-based prescription medication, the abrupt cutting-off of his prescription and his withdrawal from law practice had “create[d] an overwhelming financial pressure.” We ordered five years’ probation with one-year actual suspension. In In re Higbie (1972) 6 Cal.3d 562 [99 Cal.Rptr. 865, 493 P.2d 97], an attorney conspired to smuggle marijuana into the country. We ordered a two-year suspension with one-year actual suspension, rather than disbarment, because the primary motivation for the wrongful behavior was not personal profit (the attorney acted at the insistence of a friend—a pilot— that the attorney help him find employment, but the pilot was really “setting him up” to claim a bounty) and because of the attorney’s prior good record. In In re Kreamer (1975) 14 Cal.3d 524 [121 Cal.Rptr. 600, 535 P.2d *255728], an attorney was convicted of illegal possession of marijuana and of conspiracy to distribute the marijuana. Chronic depression brought on by a breakup with his fiancée led the attorney to use marijuana and to withdraw from his law practice. He turned to drug dealing when faced with mounting debts. We ordered three years’ probation and no actual suspension. In In re Jones (1971) 5 Cal.3d 390 [96 Cal.Rptr. 448, 487 P.2d 1016], an attorney was convicted of subornation of perjury and submission of false evidence. In mitigation he offered his lack of prior disciplinary record, his previous good reputation, his age (66), his difficulty in securing employment to support his 10-year-old twins, and financial difficulties resulting from his criminal and bar proceedings. We imposed three years’ probation with one-year actual suspension. (See also Frazer v. State Bar (1987) 43 Cal.3d 564 [238 Cal.Rptr. 54, 737 P.2d 1338], in which an attorney committed multiple acts of willful misconduct, abandoning clients to their prejudice, obtaining substantial loans under unfair terms and pursuant to misrepresentations, and ultimately losing the money without making any repayment. On the basis of the attorney’s agoraphobia as a mitigating factor we ordered five years’ probation with actual suspension for eighteen months and until restitution had been made. In Maltaman v. State Bar (1987) 43 Cal.3d 924 [239 Cal.Rptr. 687, 741 P.2d 185], an attorney willfully disobeyed important court orders and attempted deliberately to mislead a judicial officer. He also lied on several occasions during his disciplinary proceedings. We imposed five years’ probation with one-year actual suspension.)
The failure of this court to accord petitioner in this case at least as favorable consideration is to me inexplicable. Petitioner’s conduct here was highly situational and a complete departure from her normal conduct. It resulted from an unfortunate and unique coincidence of circumstances, as to which there is virtually no chance of recurrence. Her actions were devoid of any motivation of venality or baseness.
We have often reiterated that the primary purpose of discipline is the protection of the public, the profession and the courts rather than punishment of the attorney. (In re Severo (1986) 41 Cal.3d 493, 500 [224 Cal.Rptr. 106, 714 P.2d 1244].) Disbarment here serves only to punish petitioner. An alternative is available which would, in my view, far better serve the public, the profession and the courts. To the extent necessary, we may impose conditions of probation which will ensure that the attorney is rehabilitated and the public is protected. I would impose a lengthy probation, with a *256substantial term of actual suspension and with appropriate probationary conditions, including continued therapy and a demonstration of fitness before returning to the practice of law.
The majority’s rejection of this letter is improvident, indeed, inexplicable, in view of the fact the hearing officer’s recommendation of disbarment was based almost solely on the alleged lack of demonstrated commitment to therapy, yet he denied petitioner’s motion to reopen to submit further evidence on the question.