NOTICE OF REVOCATION AND RESTITUTION Case Nos. 96-235-GA; 98-129-GA; 98-152-FA; 98-205-GA; 98-224-FA James C. Lucas, P-23759, Lansing, Michigan, by Attorney Discipline Board Ingham County Hearing Panel #2.
1) Revocation; 2) Effective March 3, 1999.1 Respondent was retained to represent the first complainant in a personal injury action. The panel found, by a preponderance of the evidence, that respondent neglected the matter; made false statements to his client; made an improper agreement prospectively limiting his liability to his client for malpractice; and failed to cooperate in the Attorney Grievance Commission's investigation.
Respondent was retained to represent five other clients in personal injury or medical malpractice actions. The panel found, by default, that respondent neglected all five matters; made false statements to his client and the court in one matter; failed to cooperate with the AGC's investigation in one matter; failed to return the unearned fee in one matter; failed to return client files or records in two matters; and failed to answer two Requests for Investigation.
Respondent placed approximately 150 boxes of client files in a storage unit in Lansing. The panel found, by default, that respondent failed to pay for the storage unit, causing the files to be scheduled for auction or disposal; abandoned the files; and failed to answer the Request for Investigation. Respondent also failed to answer four Formal Complaints and failed to appear at the disciplinary hearing.
The panel concluded that respondent's conduct violated MCR 9.103(C); MCR 9.104(1)-(4) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4(a) and (b); 1.5(a); 1.8(h)(1); 1.15(b); 1.16(d); 3.2; 3.3(a)(1); 8.1(b); and 8.4(a)-(c).
The panel ordered that respondent's license to practice law be revoked, and that he make $4,000 in restitution. Costs were assessed in the amount of $830.29.
________________________ 1 Respondent has been continuously suspended from the practice of law in Michigan since October 17, 1997.