Finch

Review of recommendation of the State Bar Disciplinary Board that petitioner be suspended from the practice of law for five years, that execution of the suspension be stayed and that petitioner be placed on probation for five years on conditions including (1) participation in psychiatric and psychological counseling; (2) abstention from intoxicants and drugs; (3) participation in the Disciplinary Board Pilot Program on Alcohol Abuse; (4) making of regular reports by the State Bar Alcohol Abuse Consultant as to petitioner’s compliance with conditions (1), (2) and (3); (5) compliance with provisions of the State Bar *662 Act and Rules of Professional Conduct; (6) taking and passing the Professional Responsibility Examination; (7) making of regular reports regarding the status of petitioner’s client trust accounts; (8) independent certification of status of client trust accounts; and (9) answering all inquiries by the State Bar relating to probation except as to privileged matters.

Petitioner was born in 1928 and was admitted to practice in December 1974. He has no prior disciplinary record.

In a notice to show cause, petitioner was charged with violation of his oath and…

The majority opinion, I fear, may chill commendable efforts of the State Bar to foster settlement procedures.

A stipulation, even when comprehensive, is not designed to serve as “the record below.” It rather reflects a bargain acceptable to both sides. Absent a record below, to increase penalties seems to me to be a risky business. (See dis. opn. of Bird, C. J. in Giovanazzi v. State Bar (1980) 28 Cal.3d 465, 479 [ 169 Cal.Rptr. 581 , 619 P.2d 1005 ]: “[T]he economies made possible by the stipulation process could be lost if every attorney accused of misconduct felt impelled to insist on a formal evidentiary hearing on mitigating factors in anticipation of the prospect that this court might later decide to consider an increase in discipline.”)

Bird, C. J., concurred.

Petitioner’s application for a rehearing was denied February 11, 1981. Bird, C. J., was of the opinion that the application should be granted.