FINAL NOTICE OF SUSPENSION WITH CONDITIONS Case No. 02-116-GA Notice Issued: January 13, 2004 John V. Dughie, P 27140, Portage, Michigan, by the Attorney Discipline Board increasing Kalamazoo County Hearing Panel #3's 120 day suspension to a 180 day suspension and vacating the one year probationary period.
1. Suspension - 180 Days 2. Effective January 7, 2004 The hearing panel found that, in a probate matter, respondent accepted $1,500.00 from his client; failed to place those funds in a trust account; failed to commence the probate proceedings; and falsely told the client that he was working on the matter. Respondent=s conduct was found to be in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(c); 1.2; 1.3; 1.4(a); 1.15(a) and (c); 1.16(d); and 8.4(a)-(c). The hearing panel ordered that respondent=s license to practice law in Michigan be suspended for 120 days and that respondent shall be subject to a one year probationary period upon his reinstatement to the practice of law.
Both respondent and the Grievance Administrator filed petitions for review. The respondent sought clarification of the panel=s order that respondent undergo counseling during the one year period of probation. The Grievance Administrator petitioned for review on the grounds that the hearing panel erred by imposing insufficient discipline.
Upon review, the Board increased respondent=s discipline from a 120 day suspension to a 180 day suspension, vacated the one year probationary period imposed by the hearing panel, and imposed conditions the relevant to the established misconduct. Total costs were assessed in the amount of $3,279.54.