NOTICE OF SUSPENSION WITH CONDITIONS Case No. 98-156-GA Andree J. DuFresne, P-13000, Trenton, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #19.
1) Suspension - 180 Days; 2) Effective December 1, 1998. Respondent was retained to represent the complainant in a divorce matter. After the representation had concluded, respondent unilaterally obtained a lien against the complainant's residence in the amount of $782, which represented the complainant's unpaid balance. The complainant thereafter made payments to respondent totaling $782.
The panel found, by default, that respondent filed an improper and unauthorized lien against the complainant's property; the lien imposed an impermissible and usurious rate of 10% interest on the balance claimed; respondent informed a title company that the complainant owed her $2,230 on the lien when such was not true; respondent accepted the sum of $2,230 from the title company based on the improperly asserted lien; respondent refused to return the money to the complaint until shortly before the hearing on the Formal Complaint; and respondent falsely testified under oath before the Attorney Grievance Commission that she never received the $2,230 from the title company.
The panel concluded that respondent's conduct violated MCR 9.103(C); MCR 9.104(1)-(4) and (6); and Michigan Rules of Professional Conduct 1.5(a); 1.15; 4.1; and 8.4(a)-(c).
The panel ordered that respondent be suspended from the practice of law in Michigan for a period of 180 days, subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $346.10.