NOTICE OF REVOCATION AND RESTITUTION (Pending Appeal)
Case No. 03-86-GA Notice Issued: January 13, 2004 Brian Albritton, P 46197, Bloomfield Hills, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #67.
1. Revocation; 2. Effective December 30, 2003 Respondent failed to file a more definite answer to Formal Complaint 03-86-GA, as ordered by the hearing panel, and failed to appear at the public hearing held November 5, 2003. Accordingly, the hearing panel found, by default, that respondent failed to seek post-conviction remedies for his client; failed to provide adequate, truthful, and timely information to his client; failed to return his client=s file or refund unearned fees after his discharge; failed to file timely answers to two separate requests for investigation; failed to bring all of the information subpoenaed by Attorney Grievance Commission during the course of that agency=s investigation; and failed to assist the Grievance Administrator in his investigation.
Respondent's conduct was found to be in violation of MCR 9.104(A)(1)-(4) and (7); MCR 9.112(D)(2); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4(a) and (b); 1.5(a); 1.15(a); 1.16(d); 3.2; 8.1(a)(2); and 8.4(a)-(c). The panel issued an order revoking respondent's license to practice law in Michigan and ordered restitution in the amount of $$8,500.00, with interest on the unpaid balance at the rate of 5% from August 1, 2000.
Respondent filed a petition for review which was granted by the Attorney Discipline Board and this matter has been scheduled for a review hearing in March 2004. Respondent also filed a motion for stay of discipline which was denied by the Board on January 6, 2004.