NOTICE OF SUSPENSION AND RESTITUTION (With Condition)
Case Nos. 02-18-GA; 02-31-FA Notice Issued: February 27, 2003 James P. Lavender, P-52590, Pleasant Ridge, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #85.
1. Suspension - 30 days; 2. Effective February 15, 2003. The hearing panel found, by default, that respondent failed to represent a client diligently and expeditiously; failed to communicate with his client regarding the status of her matter; failed to take reasonable steps to protect his client=s interests on termination of the representation; and failed to promptly refund unearned attorney fees. Respondent also failed to file answers to a request for investigation and formal complaint served by the Grievance Administrator.
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 1.1(c); 1.2(a); 1.3; 1.4(a) and (b); 1.15(b); 1.16(a) and (d); 3.2; and 8.4(a) and (c). Based on an agreement of the parties, the hearing panel ordered that respondent=s license to practice law in Michigan be suspended for 30 days and that he pay restitution in the amount of $500.00. The panel also ordered respondent to attend an ethics program and assessed costs in the amount of $463.36.