NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 06-29-GA Notice Issued: January 23, 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 respondent and Grievance Administrator filed a stipulation for consent order of discipline, in accordance with MCR 9.115(F)(5), containing respondent=s plea of nolo contendere to neglecting 19 legal matters; failing to refund an unearned fee in 14 of those 19 matters; failing to deposit an advance fee into a client trust account or IOLTA; and engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law where such conduct reflects adversely on the lawyer=s honesty, trustworthiness, or fitness as a lawyer.
Respondent was charged with violations of Michigan Court Rule 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; .14(a) and (b); 1.15(a) [recently amended to 1.15(g)]; 1.16(d); and 8.4(a)-(c).
The parties agreed that respondent=s license to practice law in Michigan should be suspended for 180 days and that he pay restitution in the aggregate amount of $9,254.00. Upon consideration of a motion filed under MCR 9.128(A), the Attorney Discipline Board entered an order assessing actual costs of $6.56.