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NOTICE OF REVOCATION AND RESTITUTION (By Consent)

Case No. 97-316-GA Michael W. Johnson, P-24019, Allen Park, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #4.

1) Revocation; 2) Effective July 7, 1998.1. Respondent was appointed successor conservator for an estate in Wayne County Probate Court, and was entrusted with the estate's liquid assets. Respondent filed a preliminary inventory listing as an asset the ward's bank account, which held $60,370.93. Over a year later, respondent filed an amended inventory listing as an asset the same account, with a balance of $20,123.65.

Respondent pled no contest to allegations that he neglected the matter; failed to account for the approximate $40,000 difference in the amounts listed as being maintained in the ward's bank account; misappropriated $134,500 from two other estate accounts; commingled estate funds with his personal funds; filed an untimely answer to one Request for Investigation; and failed to answer another Request for Investigation.

Based on the stipulation of the parties, 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; 1.15(a)-(c); 8.1(b); and 8.4(a) and (c).

Based on the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be revoked and that he make restitution in the amount of $58,000. Costs were assessed in the amount of $794.31. 1. Respondent has been continuously suspended from the practice of law since September 26, 1997.

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