Concurring and Dissenting.—I respectfully dissent to that portion of the majority opinion imposing an actual suspension of 18 months, with additional suspension dependent upon the length of time required to make restitution. More severe discipline is warranted in light of the severity of petitioner’s misconduct and his dubious assurances of reform.
Petitioner committed a wide variety of offenses, ranging from basic violations of the oaths and duties of an attorney to outright deception. He failed to return unearned fees to Mr. Garcia and deceived Ms. Yowell into believing that he had filed a lawsuit for her. Each of these acts is a breach of fiduciary duty warranting disciplinary action. (See Finch v. State Bar (1981) 28 Cal.3d 659, 664-665 [170 Cal.Rptr. 629, 621 P.2d 253].)
Petitioner also literally abandoned 11 different clients, many of whom suffered prejudice as a result. Such habitual disregard of a client’s interests, *582coupled with failure to communicate with the client, are grounds for disbarment. (McMorris v. State Bar (1983) 35 Cal.3d 77, 85 [196 Cal.Rptr. 841, 672 P.2d 431].)
Most egregious, however, are the numerous affirmative acts of misconduct. The loan transactions were motivated by petitioner’s quest for personal gain, and were basically unfair to the client-lenders. (See Giovanazzi v. State Bar (1980) 28 Cal.3d 465, 472-473 [169 Cal.Rptr. 581, 619 P.2d 1005].) Moreover, petitioner stooped to committing actual fraud in order to obtain money from Ms. McCann. Although he characterizes this transaction as a loan, it shares many of the characteristics of the crime of theft by false pretenses. (See Pen. Code, § 484, subd. (a).)
Petitioner’s misconduct is not excused or mitigated by evidence of agoraphobia. Dr. Slawson, a psychiatrist, testified that petitioner’s affliction began sometime in 1980 and gradually progressed until reaching its peak in 1981. Supposedly, petitioner was unable to communicate with clients in early 1981 and, towards year-end, was completely housebound. However, throughout this advanced, apparently nonepisodic stage of the affliction, petitioner managed to conduct numerous profitable financial transactions. They include: (1) accepting a $25,000 loan from W.; (2) accepting a $2,000 retainer from Kershaw; (3) accepting a $10,000 loan from McCann and flying twice to San Diego to discuss the details; and (4) negotiating a $450,000 loan with an Oceanside investment group. He also managed to file a bankruptcy petition and retain the services of an attorney during the same time period. Since petitioner’s mental condition did not affect his ability to protect his own interests, his failure to protect the interests of his clients is inexcusable. Also, even assuming that agoraphobia caused petitioner to abandon his clients, nothing in the record similarly links the affliction to his misrepresentations and client loan transactions.
Finally, no mitigating weight can be attached to petitioner’s promise to repay the borrowed money. As indicated in the majority opinion, petitioner’s counsel advised against making restitution while disciplinary proceedings were pending. Nonetheless, petitioner failed to take other steps that would have shown a good faith intent to repay. He chose not to repay the loans before the State Bar process began, even though he spent an admittedly “tremendous” amount defending against charges which he admitted at oral argument were essentially true. Likewise, petitioner has practiced law successfully since 1982, but apparently has not set aside any money with which to pay his debts once these proceedings end.
As a practical matter, the majority’s disciplinary formula may be tantamount to disbarment—if petitioner does not make restitution, his suspen*583sion continues indefinitely. However, petitioner has demonstrated an unmitigated, selfish disregard for others which simply should not be tolerated in the legal profession. Accordingly, the public is best protected by removing petitioner from the practice of law and requiring him to undergo the evaluation process of a reinstatement proceeding. (In re Duggan (1976) 17 Cal.3d 416, 424 [130 Cal.Rptr. 715, 551 P.2d 19].) I therefore strongly agree with the review department’s unanimous recommendation that petitioner be disbarred.
Lucas, C. J., and Arguelles, J., concurred.