NOTICE OF SUSPENSION WITH CONDITION (By Consent)
Case No. 03-26-GA Notice Issued: September 16, 2003 Barry D. Herbach, P 25375, by the Attorney Discipline Board Kent County Hearing Panel #2.
1. Suspension - 30 days 2. Effective September 16, 2003 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), based on the default entered against respondent. The parties= agreed that respondent committed misconduct when he failed to file an answer to a request for investigation. Respondent=s conduct was in violation of MCR 9.104(A)(1)-(4) and (7); MCR 9.113(A); MCR 9.113(B)(2); and Michigan Rules of Professional Conduct 8.1(a)(2); and 8.4(a) and (c).
The parties further agreed that respondent=s license to practice law in Michigan should be suspended for 30 days and that respondent would attend a one-day Ethics School conducted by the State Bar of Michigan. Costs were assessed in the amount of $1,031.42.