MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM VICE-CHAIRPERSON WILLIAM L. MATIHEWS, CPA
SECRETARY BILLY BEN BAUMANN, M.D. ANDREA L. SOLAK ROSALIND E. GRIFFIN, M.D. CARL E. VER BEEK CRAIG H. LUBBEN JAMES M. CAMERON, JR.
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 DETROIT MICHIGAN 48226-3236 PH A vNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF SUSPENSION AND RESTITUTION Case No. 08-154-GA Notice Issued: April 21, 2009
David A. Kuzava, P 49963, Hastings, Michigan, by the Attorney Discipline Board Kalamazoo County Hearing Panel #3.
1. Suspension - Three Years 2. Effective April 21,2009 1 Respondent did not appear at the hearing and was found to be in default for failing to file a timely answer to the formal complaint. Based on respondent's default, the hearing panel found that respondent committed professional misconduct in a bankruptcy matter when he provided incompetent representation; failed to seek the lawful objectives of his clients; counseled his clients to engage, or assisted his clients, in conduct that he knew was illegal or fraudulent; failed to explain the matter to the extent reasonably necessary to permit his clients to make informed decisions regarding the representation; failed to disclose a material fact to a tribunal when disclosure was necessary to avoid in assisting in a criminal or fraudulent act by the client; knowingly disobeyed an obligation under the rules of a tribunal; failed to answer a request for investigation; and knowingly
failed to respond to a lawful demand for information from a disciplinary authority.
Respondent's conduct was in violation of MCR 9.1 04(A)(1 )-(4) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1 (a); 1.2(a) and (c); 1.4(b); 3.3(a)(2); 3.4(c); 8.1 (a)(2); and 8.4(a)-(c).
The panel ordered that respondent's license to practice law in Michigan be suspended for three years and that he pay restitution in the amount of $985.84. Costs were assessed in the amount of $1,773.93.
Dated:
APR 212009 -------
1 Respondent has been continuously suspended from the practice of law in Michigan since February 6, 2008. See Notice of Suspension, issued February 8, 2008.