NOTICE OF INCREASED SUSPENSION Case Nos. 93-288-GA; 94-14-FA Lynn M. Brown, P-42840, Flint, Michigan, by the Attorney Discipline Board increasing a hearing panel order of suspension for 119 days.
1) Suspension - 180 days; 2) Effective April 9, 1994. Respondent failed to answer the Formal Complaints and failed to appear at the hearing held in Saginaw on February 9, 1994. Respondent's defaults were entered, and the panel determined that the defaults established the allegations of the Formal Complaints.
Respondent was counsel for the defendants in a civil action. At the time respondent accepted the representation, the matter had already been mediated and the $85,000 mediation award rejected by the defendants. During a telephone conversation with plaintiff's counsel, without her clients' knowledge or consent, respondent agreed to settle the case for $85,000; without her clients' knowledge or consent, respondent sent a letter to opposing counsel stipulating to the entry of a judgment against her clients in the amount of $90,000, of which $5,000 represented opposing counsel's request for interest and attorney fees; 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 1.4; 4.2; 8.1(b); and 8.4(a)-(c).
The Grievance Administrator filed a petition for review seeking an increase in discipline. In an order issued June 21, 1994, the Attorney Discipline Board increased discipline to a suspension of 180 days, stating that "[r]espondent's failure to answer or appear at any stage of these proceedings requires that a suspension be imposed for a sufficient length to trigger the reinstatement requirements of MCR 9.123(B)."
Costs were assessed in the total amount of $257.16.