NOTICE OF REVOCATION AND RESTITUTION WITH CONDITIONS Case Nos. 98-127-GA; 98-131-GA; 98-150-FA; 98-154-FA; 98-177-GA Lawrence R. Greene, P-14336, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #7.
1) Revocation; 2) Effective June 4, 2003.1 Respondent received monthly pension checks for survivor's benefits from Ford Motor Company on his mother's behalf, as her court-appointed conservator. When respondent's mother died in 1992, respondent did not report her death to Ford, and Ford continued to issue pension checks. Between 1992 and 1997, respondent continued to accept and negotiate Ford pension checks totalling $25,874.73. The panel found, by default, that respondent commingled and misappropriated that sum; and failed to answer the Request for Investigation.
Respondent was suspended from the practice of law for two years effective July 29, 1997. The panel found that respondent violated the Order of Suspension and practiced law while suspended in connection with his representation of the second complainant; knowingly made a false representation to the complainant; issued a check to the complainant written on a closed account; and failed to answer the Request for Investigation.
Respondent was retained to represent the third complainant, the plaintiff in a collection matter pending in the 36th District Court. He requested and received a $500 fee. The panel found that respondent neglected and abandoned the matter; and failed to refund the unearned fee.
The fourth complainant retained respondent to represent her brother in seeking post-conviction relief. Respondent was paid a total fee of $5,500, and filed a Claim of Appeal on his client's behalf. The panel found that respondent neglected the matter; violated prior Orders of Suspension; knowingly filed a false Affidavit of Compliance with the Clerk of the Supreme Court to terminate one suspension; failed to release the client file and refund the unearned fees upon demand; and failed to answer the Request for Investigation. Respondent also failed to answer the Formal Complaints and failed to appear at the disciplinary hearing.
The panel concluded that respondent's conduct violated MCR 9.103(C); MCR 9.104(1)-(4), (7) and (9); MCR 9.113(A) and (B)(2); MCR 9.119(A)-(E); MCR 9.123(A); Michigan Rules of Professional
Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4(a); 1.5(a) and (b); 1.15(a)- (c); 1.16(d); 3.2; 3.3(a)(1) and (4); 3.4(b) and (c); 4.1; 5.5(a); 8.1(a) and (b); and 8.4(a)-(c); and MCL 600.916; MSA 27A.916. The panel ordered that respondent's license to practice law in Michigan be revoked for the third time, to run consecutive to the first revocation. The panel further ordered that respondent make restitution to the four complainants in the total amount of $32,424.73 plus interest, and release the client file and all transcripts regarding the fourth matter to successor counsel. Costs were assessed in the amount of $309.15.
____________________ 1 Respondent has been continuously suspended from the practice of law in Michigan since July 29, 1997. His license to practice law was twice revoked in unrelated matters, effective June 4, 1998 and November 3, 1998, respectively.