NOTICE OF SUSPENSION Case No. 95-123-GA Laurence B. Doman, P-31731, Dearborn, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #11.
1) Suspension - sixty (60) days; 2) Effective November 1, 1996. Respondent was retained to represent a couple in a home construction and home improvement dispute, and filed an action in Wayne County Circuit Court. The defendant failed to answer the complaint and a default was taken. Respondent admitted that he neglected the matter, causing the case to be dismissed; failed to respond to his clients' inquiries; failed to keep the his clients reasonably informed; and failed to file a timely response to the Request for Investigation.
After the Request for Investigation was filed, counsel for the defunct construction company/defendant consented to a judgment against it if the judgment was entered nunc pro tunc so as to avoid current liability. At the time respondent entered into the default judgment on his clients' behalf, he knew that the defendant was no longer in business, was defunct, and that any judgment against it would be worthless. Respondent admitted that, although he advised his clients that he had secured a judgment on their behalf, he failed to inform them that the judgment was worthless as the defendant was defunct and no longer collectible.
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(c); 1.3; 1.4; 3.2; and 8.1(b); and 8.4(a)-(c).
Costs were assessed in the amount of $206.29.