dissenting.
I must dissent from the view of the majority that a suspension for six months is appropriate disciplinary action for the conduct involved in this case. In my view the majority gives much too little attention to *754the failures of the respondent in regard to what they recognize as dishonest conduct on his part. One such failure was lying under oath on a deposition that was given in connection with this case. Another was either fraudulently endorsing or causing to be fraudulently endorsed one of the checks involved without the consent or knowledge of his client. Finally, the respondent affirmatively mislead his client concerning distribution of the funds obtained by him from the court fund. Putting aside any issue concerning the proper interpretation of Rule 1.4(b) of the Rules Governing Disciplinary Proceedings in relation to retention of funds coming into the hands of a lawyer and upon which the lawyer has a valid lien for his services, the dishonest conduct referred to by the majority and admittedly engaged in by the respondent is reprehensible. I am particularly troubled that this respondent, in effect, committed perjury on the deposition he gave in this case. Our statutes define perjury thusly:
Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declar-ant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It shall be a defense to the charge of perjury as defined in this section that the statement is true. [21 O.S. 1981, § 491] [emphasis added]
Although the respondent finally admitted his wrongdoing in this case and, in fact, stipulated in writing to his misconduct, to suspend for six months an attorney who would perjure himself to hide previous wrongdoing is an insufficient period of time for protection of the public and preservation of the integrity of the legal profession. In essence, respondent committed a felony when he lied on his deposition by testifying that his client was contacted when respondent obtained the $700.00 check from the court fund and that the client endorsed the check at respondent’s office. In truth, the client was not so contacted and the client did not endorse the check. In another case concerning perjured testimony relating to repayment of a loan from a client this Court determined that disbarment was the appropriate discipline. State ex rel. Oklahoma Bar Association v. Zahorsky, 569 P.2d 437 (Okla.1977).
The Complainant has requested this Court to impose a suspension of at least two years so that respondent would have to redemonstrate his fitness to practice law after the suspension has been served. Rule 11.1 of the Rules Governing Disciplinary Proceedings, 5 O.S.1981, Ch. 1, App. 1-A, Rule 11.1, sets forth the procedure that must be followed by an attorney seeking reinstatement who has been suspended for a period longer than two years or by one who has been disbarred. It is my view that considering the misconduct involved in this case and any mitigating factors contained in the record that a minimum suspension of two years and one day is appropriate. With the imposition of such a suspension respondent would be required to reestablish his fitness to practice law before he could be reinstated. Such discipline is appropriate for one who has engaged in the misconduct committed by respondent. I, thus, dissent from that part of the majority opinion suspending respondent for a period of six months and would instead suspend him from the practice of law for at least a period of two years and one day.
I am authorized to state that OPALA, Y.C.J. and SIMMS, J., join in the views herein expressed.