NOTICE OF SUSPENSION (By Consent)
Case No. 94-74-GA Malik Hodari, P-37380, Lansing, Michigan, by Attorney Discipline Board Ingham County Hearing Panel #4.
1) Suspension - thirty (30) days; 2) Effective retroactively to August 10, 1994. In June 1987, the Michigan Law Revision Commission retained respondent to conduct a study. Respondent agreed to present a preliminary report by November 1987, and a final report by December 31, 1987. He was to receive $5,000 fee, to be paid in two installments of $2,500. The first installment was to be paid upon the submission of the preliminary report; the balance was payable upon submission of the final report. Even though the preliminary report was not submitted in the manner required by the agreement, respondent was paid the first $2,500.
Respondent pled no contest to allegations that he failed to provide either report within the time specified, resulting in the Commission declaring respondent to be in default and demanding the return of the $2,500; although subsequent to his receipt of the default notice, respondent informally sought and was granted an extension until November 21, 1988 to submit a completed report, he failed to file a report by that date; and, although in April 1989, he was advised by the Commission that another attorney would be retained to do the report, and that he was to return all documents and the unearned portion of the fee to the Commission, he failed to relinquish the documents or to refund any monies. Respondent's conduct was alleged to be in violation of MCR 9.104(1)-(4); the Michigan Rules of Professional Conduct, 1.1(c); 1.3; 1.5(a); 1.15(b); 1.16(d); and 8.4(a)and(c); and Canons 1, 6 and 7 of the then-applicable Code of Professional Responsibility, DR 1-102(A) (1),(5)and(6); DR 6-101(A)(3); and DR 7-101(A)(2)and(3).
The parties stipulated that respondent be suspended from the practice of law for thirty days, retroactive to August 10, 1994, the effective date of the revocation of respondent's license to practice law in Case No. 94-154-JC. Costs were assessed in the amount of $53.25.