NOTICE OF REPRIMAND (By Consent) Case No. 94-156-GA
Charles W. Kotulski, P-16174, Hamtramck, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #1.
1) Reprimand; 2) Effective November 30, 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.
At the request of a client, respondent drafted a quit claim deed whereby an individual quit claimed her interest in certain real property to his client. Respondent provided the deed to his client. The next day, the client returned to respondent's office with the deed containing the purported signature of the grantor. The grantor's signature on the deed had not been witnessed or notarized, and in fact, was not her signature.
Respondent admitted that he affixed his signature to the deed as a witness to the purported signature of the grantor although he had not seen the grantor, who was not present, execute the deed; and permitted his wife/secretary to sign the deed as a witness to the purported signature of the grantor and to notarize the signature although his wife/secretary had not seen the grantor execute the deed.
Respondent's conduct was admitted to be in violation of MCR 9.104(1)-(4) and Michigan Rules of Professional Conduct 4.1; 5.3(a)-(c); and 8.4(a)-(c).
Costs were assessed in the amount of $167.75.