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NOTICE OF SUSPENSION WITH CONDITIONS Case No. 96-163-GA Dennis H. Snyder, P-29791, Grand Blanc, Michigan, by the Attorney Discipline Board increasing Genesee County Hearing Panel #5's Order of Reprimand With Conditions.

1) Suspension - 60 Days; 2) Effective February 17, 1999. In June 1989, the complainant was convicted of Second Degree Murder and sentenced to 25 to 40 years incarceration. The conviction and sentence were affirmed by the Court of Appeals in August 1991. The complainant's Delayed Application for Leave to Appeal was denied by the Michigan Supreme Court in March 1992. In December 1992, respondent was retained to pursue further post-conviction relief on the complainant's behalf. The parties stipulated that respondent neglected the matter and violated his duty and responsibility to be honest and truthful with his client concerning the subject matter of the representation, in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4(a); 3.2; and 8.4(a)-(c). The panel ordered that respondent be reprimanded with conditions relevant to the established misconduct, including monitoring of his law practice for one year.

The Grievance Administrator filed a petition for review seeking increased discipline. In an order issued January 16, 1998, the Attorney Discipline Board affirmed the conditions imposed by the panel and increased the discipline imposed to a 60-day suspension, holding that: "In this case, it is respondent's lack of candor in his communications with his client . . . which must be viewed as a fundamental breach of respondent's obligation to his client. In such cases, we have generally held that a reprimand is insufficient to achieve the goals of these disciplinary proceedings." Respondent filed a Motion for Reconsideration, which was denied in an order issued April 3, 1998. Respondent filed an application for leave to appeal, which was denied by the Michigan Supreme Court in an order entered January 26, 1999.

Costs were assessed in the total amount of $891.75.

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