NOTICE OF REPRIMAND AND PROBATION (By Consent)
Case No. 93-262-GA Ben Gonek, P-43716, Birmingham, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #56.
1) Reprimand; 2) Probation - one (1) year; 3) Both effective April 5, 1995. The respondent and the Grievance Administrator filed a stipulation for consent order of discipline pursuant to MCR 9.115(F)(5), which was approved by the hearing panel and the Attorney Grievance Commission.
Respondent was retained to file a supplemental brief in a pending criminal appellate matter, and received attorney fees totalling $4,000. He entered his appearance in the appellate matter by filing a substitution of counsel.
Respondent pled no contest to allegations that he failed to file a supplemental brief on his client's behalf prior to the conviction being affirmed; failed to appear on numerous occasions for prison visits he promised to conduct; failed to respond to his client's inquiries; and failed to refund the unearned portion of the $4,000 attorney upon demand.
Respondent's conduct was alleged to be in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.1(a)- (c); 1.3; 1.4; 1.5; 1.15(b); 1.16(d); 3.2; 3.4(c); and 8.4(a)and(c).
Respondent agreed to pay the complainant a partial reimbursement of the fee in the amount of $1,000. Costs were assessed in the amount of $812.37.