AMENDED NOTICE OF SUSPENSION AND PROBATION (By Consent) Case No. 93-198-GA; 93-217-FA
E. Craig Smith, P-39666, Grand Rapids, Michigan, by Attorney Discipline Board Kalamazoo County Hearing Panel #1.
1) Suspension - sixty days; 2) Effective November 4, 1994; 3) Probation - two years; 4) Effective upon reinstatement. 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 appointed to represent a defendant in an appeal of a criminal conviction. Respondent admitted that he failed to timely file a claim of appeal or to perfect an appeal; and failed to visit with his client until after the Request for Investigation was filed against him.
Respondent was appointed to represent another defendant in a appeal of a criminal conviction and filed a claim of appeal on his client's behalf. Respondent admitted that after he filed the claim of appeal, he failed to take any further appellate action on his client's behalf; and failed to advise his client of the status of the matter.
Respondent's conduct was admitted to be in violation of MCR 9.104(1)-(4); and the Michigan Rules of Professional Conduct, 1.1(c); 1.3; 1.4; 3.2; 3.4(c); and 8.4(a)and(c).
Costs were assessed in the amount of $104.32.