Gallagher

*834 Opinion

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (Disciplinary Board) that petitioner be suspended from the practice of law for one year, but that the suspension be stayed on conditions, including three years probation with actual suspension of three months and passage of the Professional Responsibility Examination. Petitioner was admitted to practice law in California in 1959 and has no prior disciplinary record.

Petitioner contends that the findings of the Disciplinary Board are not supported by the evidence and that the discipline is excessive and inappropriate.

In March 1978, formal proceedings were instituted against petitioner as a result of alleged misconduct in two separate matters.

The Gonyer Matter.

In the first case, petitioner was retained by Susan Gonyer to secure a dissolution of marriage. At her first and only meeting with petitioner, it was agreed that the fee was to be $288 plus costs and that Gonyer would serve the papers on her husband. Petitioner prepared and filed a petition for dissolution on his client’s behalf. Thereafter Gonyer was unsuccessful in her efforts to serve her husband and, uncertain…