NOTICE OF SUSPENSION AND RESTITUTION Case Nos. 94-41-GA; 94-64-FA W. Bruce Simpson, P-20518, Southfield, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #52.
1) Suspension - four (4) years; 2) Effective June 2, 1994. Respondent failed to answer the Formal Complaint and failed to appear at the hearing held in Bloomfield Hills on April 25, 1994. Respondent's default was entered, and the panel determined that the default established the allegations of the Formal Complaint.
Respondent was retained to represent clients in a real estate matter. He filed a complaint on their behalf, but failed to timely answer the counterclaim; failed to submit a mediation summary; failed to appear for mediation; failed to appear for the pretrial conference; failed to respond to a motion for costs and fees; failed to appear for a hearing on that motion; failed to respond to the inquiries of opposing counsel; and failed to respond to the inquiries of his clients or keep them reasonably informed concerning the status of their matter. While the litigation was pending, the defendants/counter-plaintiffs filed a land contract forfeiture against respondent's clients. Respondent filed a motion for summary disposition, but failed to notice the motion for hearing; failed to file an answer to the complaint; failed to appear for trial; failed to respond to the inquiries of opposing counsel; failed to respond to the inquiries of his clients or keep them reasonably informed concerning the status of their 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)and(B)(2); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4; 3.2; 8.1(b); and 8.4(a)and(c).
The panel ordered that respondent be suspended for four years and make restitution to the complainants in the amount of $2,150.00 plus interest. Costs were assessed in the amount of $319.03.