Shaeffer

This is a proceeding to review an order of the Board of Governors of The State Bar recommending *741 that petitioner be suspended from the practice of the law for a period of two years.

The charges against petitioner were set forth in an order to show cause containing eleven counts, some of them involving personal business dealings unconnected with his practice of the law while others pertain to his conduct as an attorney. At the conclusion of its hearings the local administrative committee found against petitioner on all counts except count three, and recommended that he be suspended for a minimum period of one year. The Board of Governors adopted the committee’s findings with modifications. In this latter respect, it rejected the findings favorable to petitioner on count three and substituted its own adverse findings. However, it dismissed counts one and four. The board thereupon recommended that petitioner be suspended for a period of two years, adding that in fixing the degree of discipline recommended it took into consideration the prior suspension of petitioner for three years, ordered by this court on April 30, 1934 (Shaeffer v. State Bar, 220 Cal. 681 [ 32 P.2d 140 ]),…

I concur in the conclusion reached as to the first ten counts but I dissent from the holding in the majority opinion that petitioner should be disciplined for his conduct embraced in count 11. In my opinion the record does not disclose any attempt of petitioner to mislead the court or take an unfair advantage of the adverse party. No one was injured or suffered any loss as the result of petitioner’s conduct. His explanation of what took place is as reasonable as that contended for by The State Bar, and even if we accept respondent’s theory as to petitioner’s conduct, it affords no justification for the extent of the discipline administered.

In my opinion the entire proceeding against petitioner should be dismissed.

Petitioner’s application for a rehearing was denied August 9, 1945. Carter, J., voted for a rehearing.