NOTICE OF REPRIMANDS AND PROBATION (By Consent)
Case Nos. 94-141-GA; 95-20-GA Gary I. Sklar, P-20557, Livonia, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #27.
1) Two (2) Reprimands; 2) Probation - two (2) years; 3) All effective March 18, 1995.
Respondent was retained to represent the father in a child custody matter. Respondent admitted that he failed to file a Petition for Custody; failed to respond to his client's inquiries; failed to refund the unearned $600 retainer fee; failed to notify his client of his suspension from the practice of law for failure to pay bar dues; continued to hold himself out as an attorney while suspended; continued his law practice while suspended; accepted a new client while suspended; prepared pleadings for the new client while suspended; and failed to return the $180 fee that he accepted from the new client while suspended. Respondent's conduct was admitted to be in violation of MCR 9.104(1)-(4); MCR 9.119(A)and (E); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4; 1.5(a); 1.15(b); 1.16(d); 3.2; 5.5(a); and 8.4(a)-(c).
Respondent was retained to represent the wife in a divorce matter and was subsequently discharged. Subsequent to his discharge, respondent provided her with a statement of services rendered which reflected a credit balance due her in the amount of $250. Respondent admitted that he failed to comply with her repeated demands that he refund the $250 credit balance, in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.15(a)and(b); 1.16(d); and 8.4(a)and(c).
The respondent and the Grievance Administrator filed two stipulations for consent order of discipline pursuant to MCR 9.115(F)(5), which were approved by the hearing panel and the Attorney Grievance Commission. The stipulations for consent order of discipline provide that respondent receive one reprimand for each of the two Formal Complaints, and be placed on probation for a period of two years. Respondent also agreed to make restitution to the three complainants in the total amount of $705. Costs were assessed in the total amount of $91.14.