NOTICE OF SUSPENSION AND RESTITUTION Case No. 94-94-GA Ernest Laster, P-36396, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #17.
1) Suspension - forty-five (45) days; 2) Effective January 25, 1995. Respondent was retained regarding the conservatorship of a missing person. The panel found that respondent failed to prepare and file annual accounts, resulting in the suspension of the powers of the personal representative. During the pendency of the estate, and due to the fact that the ward had been missing for over six years, respondent was requested to have the ward declared legally dead in order to close the estate. The panel found that respondent failed to institute proceedings to have the ward proclaimed legally dead; and failed to obtain an assignment of the residue of the estate to the persons legally entitled to same.
Respondent was retained regarding the estate of his client's deceased father. The panel found that respondent failed to file an inventory; failed to file an accounting; failed to file a determination of inheritance tax in the estate; failed to bring the matter to a close by filing a final account; and failed to refund the unearned portion of the $1,800.00 attorney fee upon demand.
Respondent's conduct was found to be in violation of MCR 9.104(1)-(4) and Michigan Rules of Professional Conduct 1.1(c); 1.3; 3.2; and 8.4(a)and(c).
The panel ordered that respondent be suspended from the practice of law for a period of forty-five (45) days and that he make restitution to the estate involved in the second matter in the amount of $1,200.00. Costs were assessed in the amount of $659.10.