NOTICE OF REVOCATION AND RESTITUTION Case Nos. 99-036-GA; 99-052-FA
Harry S. Sherwin, P-20365, Flint, Michigan by the Attorney Discipline Board Tri-County Hearing Panel #56.
1) Revocation; 2) Effective November 4, 1999. 1 Respondent failed to answer the formal complaint and failed to appear at the hearing before a master assigned by the Board in accordance with MCR 9.117. Based upon respondent=s default, the Master concluded that the charges in the formal complaint were established, to wit: respondent accepted retainers from four clients but failed to seek his clients= legal objectives, failed to respond to his clients= inquiries, failed to refund the unearned fees paid by those clients and failed to answer four requests for investigation. The Master=s report was adopted by Tri-County Hearing Panel #56 which determined that respondent=s conduct was in violation of MCR 9.104(1)-(4); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(c), 1.2(a), 1.3, 1.4(a), 1.16(d); 8.1(b) and 8.4(a) and (c).
With regard to the appropriate level of discipline, the hearing panel adopted the Master=s recommendation for the highest level of discipline in light of respondent=s record of discipline over a 28 year period which includes three reprimands, a suspension of 60 days, a suspension of 119 days, a suspension of 2 years and three license revocations, the last effective February 10, 1999. The panel ordered that respondent's license to practice law in Michigan be revoked a fourth time with the additional condition that respondent shall make restitution to the four complainants in the aggregate amount of $10,900.00. Costs were assessed in the amount of $174.51.
1 Respondent=s license has been continuously suspended since September 21, 1998. See Notice of Revocation and Restitution dated December 2, 1998, Case Nos. 98-143-GA; 98-166-FA.