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DISMISSAL Case No. 02-67-GA Benjamin Whitfield, Jr., P 23562, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #18.

1. Dismissal 2. Effective October 11, 2003 The Grievance Administrator filed Formal Complaint 02-67-GA alleging that respondent, as substitute counsel in a breach of contract claim, failed to file a timely cross-appeal on behalf of his client; and failed to advise his client that he had failed to file a timely cross-appeal. Respondent=s conduct was alleged to have been in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.1(a) and (c); 1.2(a); 1.3; 1.4(b); and 8.4(a) and (c).

A public hearing was held and the hearing panel entered an order dismissing Formal Complaint 02-67-GA. The Grievance Administrator filed a conditional petition for review which was subsequently withdrawn. No costs were assessed against respondent.

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