MEMBERS WILLIAM P. HAMPTON CHAIRPERSON LORI McALLISTER VICE·CHAIRPERSON WILLIAM L. MATIHEWS, CPA
SECRETARY REV. IRA COMBS, JR. GEORGE H. LENNON BILLY BEN BAUMANN, M.D. HON. RICHARD F. SUHRHEINRICH WILLIAM J. DANHOF ANDREA L. SOLAK
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETIY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236
PHONE: 313-963-5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
NOTICE OF PROBATION WITH CONDITIONS Case No. 06-97-GA Notice Issued: September 10, 2007 Marc S. Schwartz, P 27054, Clinton Township, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #106.
1. Probation - 2 Years 2. Effective September 8, 2007 Based on respondent's superseding answer to the formal complaint, the panel found that respondent, in two divorce matters, filed the complaints but failed to effectuate service, resulting in the dismissal of both cases. In one of those divorce matters, respondent filed a second complaint, which was again dismissed for non-service. In a number of bankruptcy matters, respondent neglected one matter; and failed to withdraw when his physical and/or mental condition materially impaired his ability to represent his client. In a second bankruptcy matter, respondent filed a petition only after successor counsel had already filed a petition on his client's behalf. Respondent's petition was dismissed for his failure to file additional documents. In a third bankruptcy matter, respondent did not file any documents on his client's behalf. In a fourth bankruptcy matter, respondent filed a petition but it was subsequently dismissed when respondent filed no further documents. Finally, respondent closed his offices without notice to two of his clients; and failed to file timely answers to two requests for investigation served upon him by the Grievance Administrator.
Respondent's conduct was in violation of MCR 9.1 04(A)(1 )-(4) and (7); and Michigan Rules of Professional Conduct 1.1 (c); 1.2(a); 1.3; 1.4(a) and (b); 1.16(a)(2); 8.1 (a)(2); and 8.4(a) and (c).
The hearing panel ordered that respondent be placed on probation for two years and be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $1,793.00.