NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 94-215-GA Cynthia D. Wilson, P-39511, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #25.
1) Suspension - six (6) months; 2) Effective November 22, 1994. 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 in a bankruptcy matter. She admitted that she failed to commence proceedings on her client's behalf; failed to keep her client reasonably informed; and failed to refund the unearned $620 fee.
Respondent appeared at a proceeding in a civil matter in the 46th District Court, and agreed to substitute in an counsel for the plaintiff in the action. At the time of the substitution, respondent agreed, before the court, to protect former counsel's lien and costs in the amount of $875 and further agreed to be responsible for disbursing these funds to the attorney. She admitted that she failed to pay plaintiff's former counsel the funds to which he was entitled; misappropriated the $875 due plaintiff's former counsel; failed to timely answer the Request for Investigation; and knowingly made a false statement in her answer to the Request for Investigation.
Respondent's conduct was admitted to be in violation of MCR 9.103(C); MCR 9.104(1)-(4),(6)and(7); MCR 9.113(A)and(B)(2); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4; 1.5(a); 1.15(a)-(c); 1.16(d); 3.2; 8.1(a); and 8.4(a)-(c).
The parties stipulated that respondent be suspended from the practice of law in Michigan for six months retroactive to November 22, 1994, and make restitution to the two complainants in the total amount of $1,495.00. Costs were assessed in the amount of $70.69.
NOTE: Respondent has been suspended from the practice of law in Michigan continuously since August 20, 1994.