FINAL NOTICE OF REPRIMAND (With Condition)
Case No. 03-80-GA Notice Issued: August 12, 2005 Kenneth Williams, P 55790, Bloomfield Hills, Michigan, by the Attorney Discipline Board, affirming Tri-County Hearing Panel #76's order of reprimand.
1. Reprimand 2. Effective June 8, 2004 The hearing panel found that respondent, unable to contact opposing counsel by telephone to obtain agreement to adjourn a pre-trial hearing, signed or caused to be signed, opposing counsel=s name on a stipulated order of adjournment which was submitted to the court. A copy of the stipulation was mailed to opposing counsel. The cover letter advised that, Adue to the fact that my office has been unable to contact you, I have signed your name to the attached stipulation and forwarded [it] to the court.@ The panel found that the respondent submitted the stipulation without the prior knowledge or consent of opposing counsel and that he failed to appear at two pre-trial hearings, resulting in a default judgment entered against his client.
The hearing panel concluded that respondent=s conduct was in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(b) and (c); 1.3: 3.2; 3.3(a)(1); 3.4(b); and 8.4(a)-(c), and, by a majority, ordered that respondent be reprimanded with a condition relevant to the established misconduct. A dissenting panelist concluded that, notwithstanding the presence of mitigating factors, a suspension would have been appropriate under the ABA Standards for Imposing Lawyer Sanctions. However, the panel was unanimous in finding that respondent had a lack of intent to mislead the court.
The Grievance Administrator filed a timely petition for review, seeking an increase in discipline. Respondent filed a timely cross-petition seeking a reduction in discipline. A review hearing was held and, on July 6, 2005, the Board, noting the panel=s unanimous finding regarding respondent=s lack of intent to mislead the court, issued its order and opinion affirming Tri-County Hearing Panel #76's order of reprimand with condition. Total costs were assessed in the amount of $3,078.54.