NOTICE OF SUSPENSION WITH CONDITIONS Case Nos. 97-195-GA; 97-221-FA Enid R. Brahms, P-34035, Grosse Pointe, Michigan, by Attorney Discipline Board Washtenaw County Hearing Panel #5.
1) Suspension - One Year; 2) Effective April 15, 1999. Respondent was retained to represent a client on a civil infraction. She pled no contest to allegations that she failed to appear for a hearing without requesting an adjournment, resulting in a default being entered against her client. Respondent later filed a Stipulation to Adjourn Trial, which was signed by respondent and indicated that the signature of the assistant prosecuting attorney had been affixed with consent. Respondent pled no contest to allegations that she signed the name of the assistant prosecuting attorney without her authority, knowledge or consent; and falsely represented to the court that the prosecutor's office had consented to an adjournment.
Respondent was retained to represent a client in a divorce action. She pled no contest to allegations that she neglected the matter and attempted to collect excessive fees pursuant to an improper fee agreement.
Respondent was retained to represent another client in a divorce action. She pled no contest to allegations that she neglected the matter; failed to promptly notify her client of her receipt of checks totalling $14,662.68 on the client's behalf; affixed the signature of her client on the checks without consent or authority; following her termination and receipt of an attorney's lien for unpaid fees, she failed to promptly follow the court's directive to place all funds held in trust for the client with the county clerk; failed to comply with a court order requiring her to release the funds to the county clerk; failed to cooperate with the investigation of the client's Request for Investigation; and failed to timely answer the Formal Complaint.
Respondent's conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.5(b); 1.8(a); 1.15(a)-(c); 3.2; 3.3(a)(1) and (4); 3.4(b) and (c); 4.1; 8.1(b); and 8.4(a)- (c).
The panel ordered that respondent be suspended from the practice of law for one year with conditions relevant to the established misconduct. Respondent filed a motion for reconsideration with the panel, and was granted a temporary stay
of discipline. The motion was denied in an order entered April 26, 1999. Respondent filed a petition for review on May 17, 1999. On June 15, 1999, the parties filed a Motion/Stipulation for Concurrent Suspensions and Withdrawal of Petitions for Review, which was approved by the Board in an order entered June 16, 1999. (See Notice of Suspension with Conditions, Case No. 98-111-GA.) Costs were assessed in the amount of $1,056.80.