NOTICE OF REVOCATION AND RESTITUTION Case Nos. 96-136-GA; 96-156-FA Joel D. Patterson, P-41674, Royal Oak, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #82.
1) Revocation; 2) Effective November 14, 1996 Respondent was retained and paid $500 to represent the defendant/wife in a divorce matter. The panel found, by default, that respondent neglected the matter; failed to refund the unearned fees or release the client file upon demand; and failed to answer the Request for Investigation.
Respondent was retained and paid $300 to represent a client in a bankruptcy matter. The panel found that respondent neglected the matter. Respondent was suspended from the practice of law for sixty days effective December 24, 1993. The panel found that during that suspension, respondent continued to hold himself as authorized to engage in the practice of law; and failed to notify his client of his suspension. The client later filed a small claims action against respondent seeking the return of the $300 attorney fee, and obtained a judgment against respondent in the amount of $323 which remains unsatisfied. The panel found that respondent has failed to refund the unearned fees. Respondent also failed to answer the Formal Complaints and failed to appear at the disciplinary hearing.
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); MCR 9.119(D)-(F); MCL 600.916, MSA 27A.916; and Michigan Rules of Professional Conduct 1.1(a)-(c); 1.2(a); 1.3; 1.4(a)and(b); 1.5(a); 1.15(b); 1.16(d); 3.4(c); 5.5(a); 8.1(b); and 8.4(a)-(c).
The panel ordered: Respondent's license to practice law be revoked; restitution to the divorce client in the amount of $1006.25 ($450 paid to respondent plus $556.25 paid to subsequent counsel), plus interest; and restitution to the bankruptcy client in the amount of $323, plus interest. Costs were assessed in the amount of $302.55.
NOTE: Respondent's license to practice law in Michigan was also revoked effective September 5, 1996.