Upon review of the record, we concur in the board’s finding of misconduct and its recommendation. Respondent is therefore publicly reprimanded for his violation of DR 5-101(A). Costs taxed to respondent.

Judgment accordingly.

dissenting. Regrettably, I must respectfully dissent. I recognize the mitigating factors in this case; nevertheless, I believe this court should be *209consistent in its treatment of this type of case. Accordingly, I would suspend Bortz for one year and stay six months of the suspension.