NOTICE OF SUSPENSION AND RESTITUTION Case No. 95-82-GA Ernest Laster, P-37396, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #2.
1) Suspension - 180 days; 2) Effective October 17, 1995. Respondent was retained to represent a client in a bankruptcy matter. The panel found, by a preponderance of the evidence, that respondent neglected the matter for a period of approximately five years, in violation of MCR 9.104(1)-(4); Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.3; 3.2; 8.4(a)and(c); and Canons 1, 6 and 7 of the then-applicable Code of Professional Responsibility, DR 1-102(A)(1),(5)and(6); DR 6-101(A) (1)-(3); and DR 7-101(A)(1)-(3). Respondent also failed to appear at the disciplinary hearing. The panel cited the harm to the complainant and respondent's prior discipline (a reprimand and a forty-five day suspension) as aggravating factors in determining the appropriate discipline, and ordered that respondent be suspended from the practice of law for 180 days with restitution to the complainant in the amount of $4,337.45 plus interest. Costs were assessed in the amount of $171.48.
Respondent filed a petition for review and petition for stay of discipline. On October 12, 1995, the Attorney Discipline Board entered an order denying respondent's petition for stay. Respondent filed a motion for reconsideration of the denial of his petition for stay, which was denied by the Board in an order entered November 16, 1995. The suspension is deemed to be effective October 17, 1995. On November 20, 1995, the Grievance Administrator filed a motion to dismiss the petition for review for respondent's failure to file the required brief in support of his petition. Respondent failed to reply to that motion, and on December 4, 1995, the Board entered an order granting the Administrator's motion.