NOTICE OF REVOCATION AND RESTITUTION Case Nos. 94-66-GA; 94-96-FA; 94-118-GA; 94-160-FA Frank L. Gillespie, IV, P-37513, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #25.
1) Revocation; 2) Effective February 11, 1995. Respondent failed to answer the Formal Complaints and failed to appear at the hearings held in Detroit on May 24 and October 24, 1994. Respondent's defaults were entered, and the panel determined that the defaults established the allegations of the Formal Complaints.
Respondent was appointed as personal representative for a decedent's estate in Wayne County Probate Court. He was subsequently removed as the personal representative for that estate. The panel found, by default, that respondent misappropriated approximately $18,686 from the estate over a period of approximately two years; during the period he served as personal representative, failed to file any accountings on behalf of the estate and failed to comply with an order of the probate court; and failed to answer two Requests for Investigation.
Respondent's conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(5)and(7); MCR 9.113(A)and(B)(2); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.15; 3.2; 3.4(c); 8.1(b); and 8.4(a)-(c).
Based on the nature of the misconduct and respondent's extensive disciplinary history, the panel ordered that his license to practice law in Michigan be revoked and that he make restitution to the estate in the amount of $18,686. Costs were assessed in the amount of $259.26.
NOTE: Respondent has been suspended from the practice of law in Michigan continuously since April 28, 1993.