Borré

We review the recommendation of the Review Department of the State Bar Court (review department) that petitioner, Gene Paul Borré, be suspended from the practice of law in California for five years, that execution of the order be stayed, and that petitioner be placed on probation for five years upon conditions including actual suspension from practice for two years. Petitioner contends that certain findings of the State Bar Court are not supported by the evidence, and that the recommended discipline is excessive. We disagree, and adopt the recommendation of the review department.

Facts

Petitioner was admitted to the practice of law in California on January 7, 1971. He has no prior record of discipline.

A. Facts Relating to Misconduct

The evidence and the findings of fact of the referee, which were adopted by the review department, indicate the following:

Count 1: Abandonment of Client

In July 1985, Sheila Baquera and her mother, Dolores Baquera, gave petitioner a $1,000 fee to determine whether to prosecute an appeal on behalf of Sheila’s boyfriend, Paul Lascano. Lascano was in state prison following felony convictions, and was then represented by court-appointed…