NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 03-81-GA Notice Issued: December 1, 2003 Martin F. Fittante, P 46338, Escanaba, Michigan, by the Attorney Discipline Board Upper Peninsula Hearing Panel #2.
1. Suspension - 2 2 Years 2. Effective February 15, 2004 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), containing respondent=s plea of no contest to the allegations that he lied regarding the filing and status of the legal proceedings of four clients; entered into a stipulation, without his client=s knowledge or consent, to pay costs in order to set aside a default judgement that had been entered due to respondent=s neglect; allowed a judgment to enter against his client without his client=s knowledge or consent; and neglected a client matter by failing to timely request a license restoration hearing resulting in his client=s substance abuse evaluation becoming stale.
Respondent was charged with violations of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4(a) and (b); 3.2; and 8.4(a) and (c). The parties agreed that respondent=s license to practice law in Michigan should be suspended for 21/2 years effective February 15, 2004 and that respondent should pay restitution in the amount of $25,000.00. Costs were assessed in the amount of $878.45.