MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM
VICE-CHAIRPERSON . WILLIAM L. MATIHEWS, CPA
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETTY LEGAL ASSISTANT
SECRETARY GEORGE H. LENNON 211 WEST FORT ST. BILLY BEN BAUMANN, M.D. SUITE 1410 DETROIT, MICHIGAN 48226-3236 ANDREA L. SOLAK PHONE: 313-963-5553 ROSALIND E. GRIFFIN, M.D. FAX: 313-963-5571 CARL E. VER BEEK WWW.ADBMICH.ORG CRAIG H. LUBBEN FINAL NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS and FINAL NOTICE OF REINSTATEMENT
Case No: 07-133-GA Notice Issued: October 6,2008 Barbara E. Maurer, P 41925, Midland, Michigan, by the Attorney Discipline Board, affirming Tri-Valley Hearing Panel #3's order of sus·pension.
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Suspension - 45 Days Effective March 11, 2008
and Automatic Reinstatement Effective April 28, 2008.
The respondent appeared at the hearing but was found to be in default for her failure to file an answer to the formal complaint. .. Based on that default, the panel found that the charges in the complaint were admitted, to wit: respondent neglected three matters; failed to seek the lawful objectives of her client; failed to act with reasonable diligence and promptness; failed to keep her clients reasonably informed about the status of their matters; failed to hold property of her clients or third persons separate from her own and in an IOlTA; failed to promptly deliver funds to a third
party; misappropriated client or third-party funds; failed to refund an unearned fee; charged an excessive fee for closing a file; knowingly failed to respond to a lawful demand for information from a disciplinary authority; and failed to answer three requests for information. Respondent's conduct was in violation of MCR 9.1 04(A)(1 )(4) and (7); MCR 9.113(A); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 1.4(a); 1.15(a)-(d); 1.16(d); 8.1(a)(2); and 8.4(a)-(c).
In considering the appropriate level of discipline, the panel found that there was misappropriation of fees paid in advance which had not yet been earned, but that the case was more appropriately characterized "as a neglect case with the attendant failure to return an unearned fee." The panel enumerated and considered mitigating as well as aggravating factors. The panel ordered that respondent's license to practice law in Michigan be 'suspended for 45 days and that she pay restitution in the aggregate amount of $3,300.00. The panel also ordered that respond.ent should be subject to conditions relevant to the established misconduct. The Grievance Administrator filed a petition for review.and, upon review, the Attorney Discipline Board affirmed the hearing panel's order of suspension.
While the review was pending, respondent's suspension was terminated with her filing of an affidavit of compliance with the Clerk of the Michigan Supreme Court on April 28, 2008.
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John F an Bolt Dated: OCT,62.008