NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (By Consent)
Case Nos. 02-88-GA; 03-91-ga Notice Issued: September 5, 2003 Sterling G. Coleman, Jr., P 43321, by the Attorney Discipline Board Tri-County Hearing Panel #2.
1. Suspension - 60 days 2. Effective October 20, 2002. The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), containing the respondent=s plea of no contest to the allegations that, in one matter, he failed to appear at three hearings; failed to file a brief and affidavit with an emergency motion; and failed to refund an unearned fee. In a second matter, respondent was alleged to have failed to refund an unearned fee and to have abandoned his client=s representation. In a third matter, respondent was alleged to have failed to file a motion and brief regarding venue; failed to appear for three court dates; failed to keep his client reasonably informed regarding the status of his matter; failed to appear for a show cause hearing; and failed to file a motion to withdraw from the case until September 2001, although the court had ordered him to do so by April 2001. Finally, respondent was alleged to have failed to file an answer to a request for investigation served by the Grievance Administrator.
Respondent was charged with violations of MCR 9.104(A)(1)-(4), and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 1.4(a); 1.15(b); 1.16(d); 3.2; 3.4(c); 3.5(c); 8.1(a)(2); and 8.4(a) and (c).
The parties agreed that respondent=s license to practice law in Michigan should be suspended for 60 days, retroactive to October 20, 2002, and that respondent would be subject to a two year probationary period upon his reinstatement to the active practice of law. The parties further agreed that respondent would pay restitution in the aggregate amount of $1,000.00. Costs were assessed in the amount of $905.70.