NOTICE OF SUSPENSION, PROBATION AND RESTITUTION WITH CONDITIONS (By Consent)
Case No. 00-193-GA; 01-28-FA; 01-38-GA; 01-63-FA Notice Issued: September 20, 2001 Randall J. Layman, P-53041, Southfield, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #67.
1. Suspension - 45 Days; 2. Probation - 1 Year; 3. Effective September 15, 2001. The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline in accordance with MCR 9.115(F)(5). The stipulation was approved by the Attorney Grievance Commission and accepted by the hearing panel. The respondent offered a plea of no contest to the charges of misconduct in Formal Complaints 00-193-GA; 01-28-FA; 01-38-GA; 01-63-FA, to wit: In a divorce matter, respondent abandoned the representation of his client; and failed to return the unearned portion of the attorney fee. In another divorce matter, respondent neglected his client's matter; failed to keep his client informed as to the status of her matter; and knowingly and/or intentionally misrepresented the status of his client's matter by leading her to believe that the divorce complaint had been filed on her behalf. Respondent also failed to file a timely response to a request for investigation served upon him by the Grievance Administrator and failed to file an answer to three other requests for investigation. Finally, respondent failed to file answers to two formal complaints filed by the Grievance Administrator. Respondent's conduct was in violation of MCR 9.104(1)-(4) and (7); MCR 9.113B(2); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 1.4(a) and (b); 1.5(a); 1.15(b); 1.16(d); 3.2; 4.1; 8.1(b); and 8.4(a)-(c).
The parties further agreed that respondent should be suspended for 45 days and concurrently serve a one year probation. The parties also agreed that respondent shall pay restitution and be subject to conditions relevant to the established misconduct.
The hearing panel ordered that respondent's license to practice law be suspended for 45 days and that he concurrently serve a one year probation. The panel also ordered that respondent pay restitution in the amount of $750.00 and be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $334.46.