Himmel

This is a proceeding under Business and Professions Code section 6083, subdivision (a) and rule 59(a) of the California Rules of Court to review a recommendation of the State Bar Disciplinary Board that petitioner, Harvey B. Himmel, be placed on probation for three years on the condition, among others, that he be suspended from the practice of law for nine months.

Himmel was admitted to practice in this state on January 9, 1952. He has been disciplined previously. In May of 1971, he was placed on probation for one year on prescribed conditions, including three months actual suspension, for signing or causing to be signed a client’s name on a check knowing he lacked authority to do so, misappropriation of a client’s funds, and misrepresenting certain matters. 1 The proceedings in the instant matter were initiated in June 1970 by a notice to show cause charging that Himmel had wilfully commingled clients’ money with his own, misappropriated clients’ funds, and deceived clients with respect to these matters. The charges related to two factually independent situations embracing two separate sets of clients. Although both matters were consolidated in the proceedings below,…