NOTICE OF SUSPENSION (By Consent)
Case Nos. 98-5-GA; 98-28-FA Gregory D. Shulman, P-41459, West Bloomfield, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #60.
1) Suspension - Nineteen (19) Months; 2) Effective July 7, 1998. Respondent represented the personal representative of a decedent's estate in Oakland County Probate Court, and filed a wrongful death action on the estate's behalf in Wayne County Circuit Court. Respondent settled the matter on the estate's behalf, and the Wayne County Circuit Court issued an order allowing respondent to deposit $10,000 paid in settlement of the wrongful death claim into an interest bearing account pending distribution to the next of kin, less respondent's costs and fees of $3,775.66.
Respondent pled no contest to allegations that he failed to respond to the inquiries of the personal representative, the successor personal representative, or the complainant (a beneficiary) concerning the funds; failed to promptly pay to the complainant or any third party the funds to which they were entitled; misappropriated $6,225.34 of the proceeds; and failed to answer the Request for Investigation and the Formal Complaints.
Respondent's conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(4) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.4; 1.15(a) and (b); 8.1(b); and 8.4(a)-(c).
The parties stipulated that respondent be suspended from the practice of law in Michigan for 19 months to run concurrent to any discipline currently in effect.1. Costs were assessed in the amount of $76.16. 1. Respondent's has been ineligible to practice law in Michigan since November 27, 1995.