Bradpiece

I concur in the opinion of the majority that the conduct of petitioner merits his suspension from the practice of law. I dissent, however, as to the length of time such suspension should be imposed. Petitioner’s embezzlement appears to have been “cold, calculated and deliberate.” I would adopt the recommendation of the Disciplinary Board of the State Bar of California that he be suspended from the practice of law for a period of three years.

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for three years.

*744 Petitioner was admitted to practice in 1959. He has no prior record of discipline. In August of 1969 he was a sole practitioner.

The essential facts are not in dispute. Petitioner was retained by Katherine Berggreen to represent her and her minor son in connection with their claims for personal injuries sustained in an automobile accident in September 1968. In August of 1969, the Los Angeles County Superior Court approved a settlement in compromise of the minor’s claim for $15,000; the court ordered payment of $3,750 in attorney’s fees and $3,666.80 in medical expenses, out of the proceeds of the settlement, with the balance of $7,583.20 to be deposited in Los Angeles Federal Savings and Loan, in the name of Katherine Berggreen as trustee, not to be withdrawn without prior court order.

On the day of the order, petitioner and his clients went to the offices of the opposing party’s insurance company, where they obtained one check for $15,000 made out to petitioner and his clients. They…