WILLIAM P. HAMPTON
VICE-CHAJRPERSON WILLIAM L. MATTHEWS, CPA SECRETARY REV. IRA COMBS JR. GEORGE H LENNON BILLY BEN BAUMANN, M.D. HON. RICHARD F. SUHRHEINRICH
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STATE OF MICHIGAN ATTORNEY DIscIPLINE BOARD
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J~94i~VT MAE JENNIFERM. PETTY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 FAX: 313-963-5571
~D:ANHOF WWW.ADBMICH.ORG 1 •~OUMSV AMENDED NOTICE OF SUSPENSION AND RESTITUTION (By Consent) Case No. 06-29-GA Notice Issued: March 7, 2007 Mark C. Burger, P 40856, Port Huron, Michigan, by the Attorney Discipline Board St. Clair County Hearing Panel #2. 1. Suspension - 180 Days 2. Effective January 3, 2007
The Grievance Administrator filed a 19 count complaint which charged that respondent neglected legal matters entrusted to him by 19 clients; failed to return an unearned fee in 14 matters; failed to deposit an advanced fee into a client trust account; and, in one matter, represented to a client that court dates in her bankruptcy matter were adjourned when, in fact, he had not filed a bankruptcy petition on the clients behalf. In accordance with MCR 9.115(F)(5), the Attorney Grievance Commission and a hearing panel approved a stipulation for consent discipline submitted by the Grievance Administrator and the respondent containing the respondents plea of no contest to the charges of misconduct in the formal complaint, with the exception of one allegation that respondent failed to return an unearned fee. The parties further stipulated that respondents license to practice law in Michigan should be suspended for 180 days; that he pay restitution to former clients in the aggregate amount of $9,254.00; and that, in the event of his reinstatement to the practice of law, he shall be subject to a two-year period of probation with conditions subject to the established misconduct. In accepting the stipulation for consent discipline, the hearing panel found that respondent committed professional misconduct in violation of Michigan Court Rule 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 1.4(a) and (b); 1.15(a) [recently amended to 1.15(g)]; 1.16(d); and 8.4(a)-(c). Upon consideration of respondents subsequent motion filed under MCR 9.128(A), the Attorney Discipline Board ordered that actual costs be assessed in the amount of $6.56.
John F. Van Bolt MAR Dated: _________________
7 2007