The opinion
MOSK, J.
I dissent.
On the unethical conduct scale of one to ten, the behavior of this petitioner rates no more than a five. When his prior discipline is considered, the *199 number may rise a point or two. The result, however, is short of that which merits disbarment.
The State Bar hearing panel, after taking evidence and observing the witnesses, recommended discipline of two years suspension with conditions of probation that included sixty days of actual suspension. That might be unduly lenient: I would be agreeable to a longer period of actual suspension. But I believe disbarment to be a Draconian result for the relatively marginal conduct involved in this proceeding.
Broussard, J., and Panelli, J., concurred.