MEMBERS THOMAS G. KIENBAUM
CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN SYLVIA P. WHITMER, Ph.D LAWRENCE G. CAMPBELL DULCE M. FULLER
STATE OF MICHIGAN
ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR JENNIFER M. PETTY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROI'L MICHIGAN 48226-3236 PHuNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF SUSPENSION AND RESTITUTION Case No. 11-120-GA Notice Issued: June 14, 2012
Byron O. Kuxhaus, P 24420, Southfield, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #80.
1. Suspension - 30 Days 2. Effective June 14, 2012 The respondent appeared at the hearing and filed an answerto the formal complaint. Based on the testimony, exhibits, and respondent's admissions, the panel found that respondent neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to seek the lawful objectives of his client, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his client, in violation of MRPC 1.3; failed to keep his client reasonably informed about the status of her matter and comply with reasonable requests for information, in violation of MRPC 1.4(a); failed to explain a matter to the extent reasonably necessary to permit
his client to make an informed decisions, in violation of MRPC 1.4(b); failed to refund an unearned advance payment of a fee, in violation of MRPC 1.16( d); and knowingly failed to respond to a lawful
demand for information from a disciplinary authority, in violation of MRPC 8.1 (a)(2). The panel also found that respondent violated the Michigan Rules of Professional Conduct, contrary to MPRC 8.4(a) and MCR 9.104(4); exposed the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2); engaged in conduct that is prejudicial to the proper administration of justice, in violation of MCR 9.104(1); and engaged in conduct that is
contrary to justice, ethics, honesty or good morals, in violation of MRPC 9.104(3).
The panel ordered that respondent's license to practice law in Michigan be suspended for 30 days and that he pay restitution in the amount of $150.00. Costs were assessed in the amount of $2,520.83.
Dated:_________