Cutler

This is a proceeding to review a recommendation of Disciplinary Board I of the State Bar of California that petitioner be suspended from the practice of law for three years on conditions of probation. The conditions of probation included actual suspension during the first six months and payment of $1,160 to Mrs. Johanna Neuwirth for *862 legal fees and costs incurred by her in recovering money that she had entrusted to petitioner when he was representing her as an attorney. The conditions further provide that if petitioner does not pay the said sum during the first six months of his probation, the period of supsension be extended until he makes the payment but in no event to exceed three years.

Facts-. On or about November 22, 1965, petitioner advised his client, Mrs. Johanna Neuwirth, to deliver to him funds totaling $5,347.97 on his representation that he would hold the money in his trust account for her benefit. After receiving said sum from his client he deposited it in his trust account in the Highland Park Branch of the Security First National Bank on November 22,1965.

Thereafter, without the knowledge or consent of Mrs. Neuwirth, he withdrew from the trust account and…