NOTICE OF REVOCATION WITH CONDITIONS Case No. 03-64-GA Notice Issued: March 10, 2004 Brenda Penzel, P 59707, Mt. Pleasant, Michigan, by Attorney Discipline Board Clare County Hearing Panel #1.
1. Revocation 2. Effective November 11, 2003 The respondent was found to be in default for her failure to file an answer to the formal complaint and failure to appear at the hearing. Based on that default, the panel found that respondent, in a divorce matter, commingled a $2,680.38 check by depositing it into her Chemical Bank and Trust account, which was not a client trust account; failed to deposit the $2,680.38 into an IOLTA account; and misappropriated the $2,680.38. Additionally, in her answer to the request for investigation, respondent attached a forged a deposit slip to make it appear that she deposited the $2,680.38 to her account at First Bank. Finally, respondent failed to promptly provide accurate copies of her bank statements to the Attorney Grievance Commission upon demand; falsified the records that she did provide by altering the copies of her bank statements for the periods of December 2000 and January 2001; and falsified copies of a check by changing the date of payment.
Respondent=s conduct was in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.15(a)-(d); 8.1(a) and 8.4(a)-(c). The panel issued an order revoking respondent's license to practice in Michigan, effective November 11, 2003, the date of respondent=s interim suspension. The panel also ordered respondent to comply with certain conditions prior to seeking reinstatement and assessed costs in the amount of $1,876.22.