Kelly

—The Review Department of the State Bar Court (review department) has recommended that petitioner Patrick B. Kelly be suspended from the practice of law in California for three years, that execution of the suspension order be stayed, and that he be placed on probation for three years upon conditions that include actual suspension from the practice of law for one year.

The recommendation is based on the review department’s findings that in one matter petitioner failed to deposit moneys received from a client into his trust account and commingled funds; and that in a second matter petitioner willfully failed to deliver to a client funds to which the client was entitled, and willfully misappropriated those funds.

Petitioner contends that the findings are not supported by the evidence, and that the recommended discipline is excessive. We conclude that the evidence supports the findings, but that the review department’s recommendation of a one-year actual suspension is excessive under the circumstances. The hearing panel’s recommendation of a 120-day actual suspension is adequate to serve the purposes of professional discipline and is therefore the discipline we…