MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR. VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY
SECRETARY JAMES A FINK JOHN W. INHULSEN
KAREN D. O'DONOGHUE LINDA S. HOTCHKISS, MD
ANNA FRUSHOUR MICHAEL S. HOHAUSER
STATE OF MICmGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
DETROIT, MICHIGAN 48226-3147 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL
SHERRY MIFSUD OFFICE ADMINISTRATOR
ALLY SON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 19-33-GA
Notice Issued: December 12, 2019
Paul F. Condino, P 39456, Lathrup Village, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #79.
Suspension - 180 Days, Effective December 7,2019.
The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based on respondent's admissions and the stipulation of the parties, the panel found that respondent committed professional misconduct in his representation of two separate clients for whom he was retained to file applications for commutation, but failed to do so. As to one of the clients, respondent advised the family that a hearing was scheduled although he never filed the application. In both matters, he failed to perform the work for which he was retained; failed to return the client file or issue a refund of the unearned fees; and in his response to the requests for investigation filed by the clients. he admitted that he owed a full refund to both clients.
Specifically, the panel found that respondent neglected a legal matter, in violation of MRPC 1.1(c); failed to seek the lawful objectives of the client, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter, in violation of MRPC 1.4{a); failed to explain the matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); and failed to refund any advance payment of fee that has not been earned and failed to surrender papers and property to which the client is entitled, in violation of MRPC 1.16(d). Respondent was also found to have violated MRPC 8.4{a) and (c); and MCR 9.104(1)-{4).
In accordance with the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be suspended for a period of 180 days and that he be required to pay restitution in the total amount of $2,250.00. Costs were assessed in the amount of $819.36. a . Mark A. Armitage Executive Director