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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. PETIY LEGAL ASSISTANT

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NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION Case Nos. 08-78-GA; 08-97-FA Notice Issued: March 23, 2009

Thomas J. Plachta, P 23705, Mount Pleasant, Michigan, by the Attorney Discipline Board Tri-Valley County Hearing Panel #3.

1. Suspension - 180 Days 2. Effective March 21,2009 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 divorce matter when he failed to keep his

client reasonably informed about the status of the matter and failed to comply promptly with reasonable requests for information; entered into an agreement for, charged, or collected a clearly excessive fee; and failed to refund the advance payment of a fee that had not been earned upon termination of the representation.

Respondent's conduct was in violation of MCR 9.1 04(A)(1 )-(4) and (7); and Michigan Rules of Professional Conduct 1.4(a); 1.5(a); 1.16(d); 8.1 (a)(2); and 8.4(a)-(c).

The panel ordered that respondent's license to practice law in Michigan be suspended for 180 days and that he pay restitution in the amount of $2,450.50. The panel also ordered that respondent be subject to a condition relevant to the established misconduct. Costs were assessed in the amount of $1,869.78.

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