NOTICE OF SUSPENSION AND RESTITUTION, WITH CONDITIONS (By Consent)
Case No. 00-001-GA Issued: July 14, 2000
William L. Fischel, P-22866, Bloomfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #67.
1.Suspension - 180 Days;
2.Effective June 29, 2000.
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 Complaint 00-001-GA, to wit: In a discrimination/wrongful discharge matter, respondent failed to have an order entered regarding the award of approximately $17,000.00 in mediation sanctions and attorney=s fees in favor of his client; failed to complete prosecution of his client=s action which resulted in its dismissal; failed to collect on the judgment in favor of his client; and failed to keep his client apprised of the status of her civil action, his collection efforts, and the dismissal of the civil action. In a sexual harassment matter, respondent failed to ensure that the defendants were properly served and that proofs of service were properly filed with the court, which resulted in the action being dismissed by the court; failed to respond to the motion for summary disposition filed by the defendants; failed to keep himself apprised of the status of the civil action; failed to respond to interrogatories and failed to forward those interrogatories to his client; failed to keep his client apprised of the status of the civil action; and abandoned the representation of his client. In a workers= compensation matter, respondent failed to file a workers= compensation claim on behalf of his client; failed to advise his client of the status of his legal matter; abandoned the representation of his client without notice to his client; and failed to surrender the client=s file upon discharge. Also, respondent failed to answer two requests for investigation served by the Attorney Grievance Commission and knowingly made false statements in two sworn statements to the Attorney Grievance Commission and in an untimely answer to a request for investigation.
Respondent=s conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(4), (6) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(b) and (c); 1.2; 1.3; 1.4(a); 1.16(d); 3.2; 8.1(a) and (b); and 8.4(a)-(c). The parties further stipulated that respondent=s license to practice law should be suspended for 180 days, that respondent should be liable for restitution in the amount
of $150.00, and should comply with conditions relevant to the established misconduct. Costs were assessed in the amount of $351.87.