NOTICE OF SUSPENSION AND RESTITUTION Case No. 97-143-GA William Leo Cahalan, Jr., P-40433, Petoskey, Michigan, by Attorney Discipline Board Cheboygan County Hearing Panel #1.
1) Suspension - One (1) Year; 2) Effective March 3, 1998. Respondent was retained to represent the first complainant in a child support matter. He pled no contest to allegations that he neglected the matter; failed to maintain reasonable communications with the complainant; abandoned the representation; failed to release the client file or refund the unearned $2,250 fee upon request; and failed to answer the Request for Investigation.
Respondent was retained and paid a total of $1,500 to represent the second complainant in probate and visitation matters concerning his daughter. He pled no contest to allegations that he neglected the matter; failed to maintain reasonable communications with the complainant; abandoned the representation; failed to release the client file or refund the unearned fees; and failed to answer the Request for Investigation.
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 1.1(a)-(c); 1.2; 1.3; 1.4; 1.15(b); 1.16(d); 3.2; 8.1(b); and 8.4(a)-(c).
The panel ordered that respondent be suspended from the practice of law in Michigan for one (1) year and make restitution to the complainants in the total amount of $3,650 plus interest.1. Costs were assessed in the amount of $694.04.
Respondent filed a petition for review and petition for stay of discipline. The petition for stay was denied. On May 4, 1998, the Attorney Discipline Board entered an order dismissing the petition for review for respondent's failure to file the required brief. 1. 1. Respondent was also suspended from the practice of law for nine (9) months effective August 9, 1997. That suspension remains in effect.