NOTICE OF REVOCATION AND RESTITUTION Case Nos. 95-271-GA; 96-10-FA Frederick C. Sofen, P-27394, Livonia, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #13.
1) Revocation; 2) Effective August 22, 1996. Respondent was retained to represent complainant in a divorce action. Complainant's ex-husband later failed to comply with the judgment of divorce. Complainant contacted respondent for further legal services in February 1994. Respondent was suspended from the practice of law for 120 days effective April 15, 1994, and for one year effective August 15, 1994. The panel found, by default, that respondent failed to notify complainant of his suspension; remained counsel of record for complainant; corresponded with opposing counsel after the effective date of his suspension; advised complainant that he would petition and had petitioned for a show cause after the effective date of his suspension; advised complainant that a show cause was scheduled for September 1994 and that it would not proceed until she paid on her bill; billed for legal services through Summer 1994, and accepted payment for the alleged services; made numerous false statements to complainant; failed to answer the Request for Investigation; and failed to answer the Formal Complaints. Respondent also 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),(7)and (9); MCR 9.113 (A)and(B)(2); MCR 9.119(D),(E)and(F); MCLA 600.916, MSA 27A.916; and Michigan Rules of Professional Conduct 1.4(a); 3.4(c); 5.5(a); 8.1(b); and 8.4(a)-(c).
The panel ordered that respondent's license to practice law be revoked and that he make restitution to complainant in the amount of $2,404.00 plus interest. Costs were assessed in the amount of $289.29.
NOTE: Respondent has been continuously suspended from the practice of law in Michigan since April 15, 1994.