NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 01-162-GA Notice Issued: July 31, 2002 Richard C. Holst, P-26110, Wyoming, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #5.
1. Suspension - 30 days; 2. Effective July 31, 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 in Counts 1, 6, 7, 9 and 12 that respondent, in a real estate mater, failed to provide a deed to the purchaser of his clients' home. In a divorce matter, respondent failed to take further action after being warned by the court that the matter would be dismissed for lack of progress; failed to advise his client that her matter had been dismissed; and failed to return the unearned fee to his client. In another divorce matter, respondent failed to take any further action to correct errors that appeared in the Judgment of Divorce; and failed to adequately communicate with his client regarding the status of her matter. Further, respondent 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); 9.113(A); 9.113(B)(2); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4(a) and (b); 1.5(a); 1.15(b); 1.16(d); 3.2; 8.1(b); and 8.4(a) and (c). The parties agreed that respondent should be suspended for 30 days and pay restitution in the amount of $650.00. Counts 2, 3, 4, 5, 8, 10 and 11 were dismissed and no costs were assessed.