Yapp

Lewis Yapp, Jr., seeks a review of a Board of Governors’ recommendation that he be suspended from the practice of law for three years, one year actual, and the last two years on probation, subject to conditions.

Petitioner was admitted to practice in January 1951. Since 1958 he has practiced in Santa Cruz. He has no prior disciplinary record.

The State Bar charged and found that petitioner mishandled $18,000 deposited with him as escrow agent in connection with the purchase and sale of a tavern and liquor license. The charge and. findings are supported by the weight of the evidence.

The background of this transaction is as follows: Joyce and William Gamblin, while married, in 1959 acquired the Club Del Mar in Santa Cruz, and possessed in both their names a general on-sale liquor license in connection therewith. Part of the funds for the purchase of this tavern were secured by mortgaging a lot owned by Mrs. Gamblin.

In 1960 the Gamblins separated, and in September of that year entered into a property settlement agreement by which this mortgaged lot was to go to Joyce, and William agreed to pay the $4,700 still owing on the note secured by the lien on the lot. William also…