MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM
VICE· CHAIRPERSON WILLIAM l. MATIHEWS, CPA
SECRETARY ANDREA l. SOLAK ROSAliND E. GRIFFIN, M.D. CARL E. VER BEEK CRAIG H. LUBBEN JAMES M. CAMERON, JR. SYLVIA P. WHITMER, Ph.D
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PEm LEGAL ASSISTANT
211 WESTFORT ST. SUITE 1410 DETROIT..,. MICHIGAN 48226-3236 PHuNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF REVOCATION AND RESTITUTION Case No_ 10-41-GA Notice Issued: July 30,2010
C. Melvin Burley, Jr., P 11424, Trenton, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #19.
1 . Revocation 2. Effective July 28, 20101 The respondent did not appear at the hearing and was found to be in default for his failure to file an answer to the formal complaint. Based on that default, the panel found that respondent neglected a legal matter entrusted to him; failed to keep his client reasonably informed about the status of his matter and to promptly comply with reasonable requests for information; failed to communicate with his client to the extent reasonably necessary for the client to make informed decisions regarding the representation; failed to seek the lawful objectives of his client; failed to act with reasonable diligence and promptness in representing his client; failed to hold the lawyer's own property separate from the property of clients or third parties; failed to deposit legal fees and expenses paid in advance into a client trust account; withdrew legal fees and expenses before the funds were earned as fees or incurred as expenses; failed to return an advance payment of a fee that had not been earned and failed to surrender papers to which the client was entitled; failed to notify his client of his suspension from the practice of law; practiced law after the effective date of his order of suspension; held himself out as an attorney while suspended; and failed to file answers to two requests for investigation which were served upon him by the Grievance Administrator.
Respondent's conduct was in violation of MCR 9.1 04(A)(2)-(4) and (7); MCR 9.113(A) and (B)(2); MCR 9.119(E)(1) and (3); and Michigan Rules of Professional Conduct 1.1 (c); 1.2(a); 1.3; 1.4(a) and (b); 1.15(d) and (g); 1.16(d); 8.1 (a)(2); and 8.4(a) and (b).
The hearing panel ordered that respondent's license to practice law in Michigan be revoked and that he pay restitution in the amount of $18,500.00. Costs were assessed in the amount of $1,689.94.
Dated: -------
1 Respondent has been continuously suspended from the practice of law in Michigan since July 20,2007. Please see Notice of Suspension issued August 8,2007.