MEMBERS WILLIAM P. HAMPTON
CHAIRPERSON LORI McALLlSTER VICE-CHAIRPERSON
WILLIAM L. MATTHEWS, 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 ATTORNEDYI SCIPLINBEO ARD
JEOXHECNU TFI.V VEDA IRNE CBTOOLRT --- MADREPKU ATY. DAIREMCITOARG E --- JENNIFER M. PETTY
LEGAL ASSISTANT
21 1 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 31 3-963-5553 FAX: 31 3-963-5571 --- WWW.ADBMICH.ORG
FINAL NOTICE OF SUSPENSION Case No. 06-95-GA Notice Issued: May 2,2007 Walter W. Halmagy, P 34662, Ann Arbor, Michigan by the Attorney Discipline Board Washtenaw County Hearing Panel #2.
1. Suspension - IY ear 2. Effective March 13, 2007 Respondent failed to file an answer to the formal complaint but appeared at the public hearing, where he entered a plea of nolo contendere to all of the allegations in the formal complaint. The panel accepted respondent's plea and found that respondent, in a probate action, tendered a $150.00 check to the court, drawn on his client trust account, which was returned due to insufficient funds. The court repeatedly contacted respondent seeking payment, including scheduling three separate show cause hearings which respondent did not attend. In a real estate transaction, respondent offered to resolve the matter and took $75.00 from his client, along with $1,500.00 so respondent could repay the opposing party. However, respondent did not repay the money and did not settle the matter, which resulted in a default judgment against his client, and he did not return the $1,500.00 to his client. Additionally, respondent failed to answer a request for investigation, and, in a sworn statement to the Attorney Grievance Commission, he made intentionally false statements of material facts when he stated that he had negotiated on behalf of his real estate client and had returned the $1,500.00 to his client.
Respondent's conduct was in violation of MCR 9.104(A)(I )-(7); MCR 9.1 13(A) and (B)(2); and Michigan Rules of Professional Conduct I. I(c ); 1.2(a); 1.3; 1.4(a) and (b); 1.15(b)(3); 1.16(d); 3.4(c); 8.1 (a)(l ); 8.1 (a)(2); and 8.4(a) and (c).
The panel ordered that respondent's license to practice law be suspended for one year. On March 12, 2007, respondent filed emergency petitions for review and a stay of discipline. The Attorney Discipline Board denied the stay of discipline and scheduled the matter for a review hearing. Respondent failed to file the required brief in support of his petition for review and the Attorney Discipline Board dismissed his petition for review on April 16, 2007. Total costs were assessed in the amount of $2,276.84.
Dated: MAY - 2 2007