NOTICE OF SUSPENSION Case No. 93-34-GA Lawrence A. Baumgartner, P-25163, Mt. Clemens, Michigan, by the Attorney Discipline Board affirming a hearing panel order of suspension.
1) Suspension - Forty-Five (45) Days; 2) Effective September 20, 1994. Respondent was retained to assist a client in recovering personal property included in his late wife's estate, and filed an action on his client's behalf. The panel found that respondent failed to timely answer the defendants' interrogatories; failed to comply with the circuit court's order that he file answers to the defendants' interrogatories; failed to appear on the scheduled trial date; allowed a judgment on the defendants' counter-claim to be entered against his client based on his failure to appear on the scheduled trial date; allowed an Order of Dismissal to be entered as to his client's complaint due to his failure to comply with the court's order regarding discovery matters and his failure to appear on the scheduled trial date; failed to object to the entry of the dismissal and the judgment on the counter-claim; failed to keep his client reasonably informed concerning the status of his matter; and failed to answer the Request for Investigation.
Respondent's conduct was found to be in violation of MCR 9.103(C); MCR 9.104(1)-(4)and(7); MCR 9.113(A); MCR 9.113(B)(2); and Michigan Rules of Professional Conduct, 1.1(b)and(c); 1.3; 1.4(a); 3.2; 8.1(b); and 8.4(a)and(c).
On October 13, 1993, Tri-County Hearing Panel #102 entered an Order of Suspension for a period of forty-five days. Respondent filed a petition for review and received an automatic stay of discipline pursuant to MCR 9.115(K). On February 17, 1994, the Attorney Discipline Board entered an order affirming the hearing panel order of suspension. Respondent filed an application for leave to appeal, which was denied by Michigan Supreme Court in an order entered August 29, 1994.
Costs were assessed in the amount of $1,106.46.