NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (By Consent)
Case Nos. 00-104-GA; 00-156-GA Notice Issued: December 6, 2000 Terrie J. Legendre, P-43924, Monroe, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #3.
1. Suspension - 60 days. 2. Effective November 1, 2000. The respondent and the Grievance Administrator submitted a stipulation for consent order of discipline in accordance with MCR 9.115(F)(5). The stipulation was approved by the Attorney Grievance Commission and was accepted by the hearing panel. Respondent entered a plea of no contest to the allegations contained in Formal Complaints 00-104-GA and 00-156-GA, to wit: In two lawsuits, respondent failed to effect service of process on the defendants, causing the lawsuits to be dismissed. In one divorce matter, respondent failed to object to a proposed judgment submitted under the seven-day rule which allowed the opposing party to obtain sole title to the marital home; failed to seek a personal protection order for her client; and abandoned her client=s representation. In a second divorce matter, respondent failed to initiate the divorce action on behalf of her client. In a third divorce matter, respondent failed to forward the QDRO to her client=s employer once it was entered. Further, respondent failed to maintain reasonable communications with her clients; failed to return unearned fees; failed to file an answer to two Requests for Investigation served by the Attorney Grievance Commission; and failed to timely answer one Request for Investigation.
Respondent=s conduct was alleged to be in violation of MCR 9.103(C); MCR 9.104(1)-(4) and (7); MCR 9.113(A); MCR 9.113(B)(2); and the Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 1.4; 1.5(a); 1.15(b); 1.16(d); 3.2; 8.1(b); and 8.4(a) and (c). The parties agreed that an order of suspension should be entered. The parties also agreed to the payment of restitution and certain conditions relevant to the established misconduct.
The hearing panel ordered that respondent=s license be suspended for 60 days with conditions relevant to the established misconduct. The panel also ordered that respondent pay restitution in the aggregate amount of $1,850.00. Costs were assessed in the amount of $194.01.