NOTICE OF SUSPENSION AND RESTITUTION (With Conditions)
Case No. 00-129-GA Notice Issued: January 12, 2001 Kenneth R. Rastello, P-49509, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #5.
1. Suspension - 2 Years; 2. Effective December 20, 2000. 1 Based upon the stipulation of the parties during the public hearing held November 10, 2000, respondent offered a response of Ano contest@ to the charges of professional misconduct found in Count One, paragraph 8(b); Count Three, paragraphs 12(a),(b), and (c); Count Four; Count Five; Count Seven, paragraph 40(a); Count Eight; Count Nine, paragraphs 52(a), (b), and (c); Count Ten; Count Twelve, paragraph 68(b); and Count Thirteen, paragraphs 74(d), (e), (f), (g), and (h), to wit: That respondent had failed to appear at immigration hearings on behalf of three clients; failed to inform a client that he would not appear for a hearing; converted two client checks for his own personal use; made false statements to two clients regarding documents connected to their matter; failed to file documents on behalf of two clients; failed to return unearned fees to a client; failed to represent three clients diligently and competently; failed to further their objectives through reasonable means permitted by law; and failed to avoid prejudicing their interests. Further, respondent failed to take any action on behalf of three clients; and abandoned the representation of four clients. Respondent=s conduct was in violation of MCR 9.104(1)-(5); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4; 1.5(a)-(c); 1.16(d); 3.2; and 8.4(a) and (c). The parties further stipulated that all remaining Counts and/or paragraphs may be dismissed.
The hearing panel ordered that respondent=s license be suspended for two years with conditions relevant to the established misconduct. Respondent was also ordered to pay restitution in the aggregate amount of $3,000.00. Costs were assessed in the amount of $1,105.36.
1 Respondent=s license to practice law in the State of Michigan has been continuously suspended since January 5, 2000. See Notice of Suspension with Conditions dated January 7, 2000.