NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case Nos. 97-15-GA; 97-28-FA Michael W. Johnson, P-24109, Allen Park, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #24.
1) Suspension - 180 Days; 2) Effective September 26, 1997. The complainant paid respondent $1500 for representation in a divorce action, including the filing of a qualified domestic relations order (QDRO). Respondent pled no contest to allegations that he neglected the matter by never filing the QDRO and failing to respond to the complainant's numerous inquiries; made a statement to the complainant, regarding the filing of the QDRO, which was false and was known by him to have been false at the time it was made; failed to release the complainant's file upon demands by both the complainant and the complainant's new counsel; and failed to answer the Request for Investigation.
Respondent's conduct was alleged 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(c); 1.2(a); 1.3; 1.4; 1.15(b); 1.16(d); 3.2; 8.1(b); and 8.4(a)-(c).
The parties stipulated that respondent be suspended from the practice of law for 180 days; return the complainant's client file; make restitution to the complainant in the amount of $800; and waive any outstanding legal fees owed by the complainant. Costs were assessed in the amount of $163.52.