NOTICE OF SUSPENSION WITH CONDITIONS Case Nos. 96-226-MZ; 97-42-GA; 97-55-FA Terence W. Douglass, P-49136, Ironwood, Michigan, by Attorney Discipline Board Upper Peninsula Hearing Panel #1.
1) Suspension - 180 Days; 2) Effective April 25, 1997. Respondent was placed on probation for two years effective June 4, 1996. On October 11, 1996, the Grievance Administrator filed a Petition for Order to Show Cause alleging that respondent had violated the terms of probation. The Attorney Discipline Board thereafter entered an order directing respondent to show cause why the probation should not be vacated and further discipline imposed. Formal Complaints 97-42-GA and 97-55-FA were consolidated with the Order to Show Cause. The panel found that respondent violated the terms of probation as alleged. The panel also found, by default, that respondent neglected two bankruptcy matters; knowingly made false statements in his answers to two Requests for Investigation; failed to refund an unearned $300 fee; failed to keep in reasonable communication with a divorce client; failed to answer a Request for Investigation; and failed to answer the Formal Complaints. Respondent also failed to appear at a disciplinary hearing held on April 25, 1997, claiming physical or mental incapacity as the reason for his failure to participate in the hearing. The panel, on its own initiative, suspended respondent from the practice of law effective on that date. MCR 9.115(H).
Respondent's conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(4), (6) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4; 1.5(a); 1.15(b); 1.16(d); 3.2; 8.1(a) and (b) and 8.4(a)-(c).
A hearing to determine the appropriate discipline was held on July 8, 1997. On September 29, 1997, the panel entered an order vacating the Order of Reprimand and Probation (By Consent) in Case No. 95-221-GA; suspending respondent from the practice of law for 180 days commencing April 25, 1997; directing respondent to make restitution in the amount of $300; and imposing conditions relevant to the established misconduct, including attendance at a law office management seminar. Costs were assessed in the amount of $1118.75.