NOTICE OF REVOCATION AND RESTITUTION Case Nos. 93-194-GA; 93-210-FA Case Nos. 93-248-GA; 93-285-FA
Steve L. Rogalla, P-30075, Mount Clemens, Michigan, by the Attorney Discipline Board consolidating and increasing hearing panel suspensions of two and one-half years and one year.
1) Revocation; 2) Effective March 16, 1994. Case Nos. 93-194-GA; 93-210-FA Respondent failed to answer the formal complaints but appeared at the hearing held in Mount Clemens on February 1, 1994. Respondent's defaults were entered, and the panel determined that the defaults established the allegations of the formal complaints.
Respondent was retained to represent a client in a home improvement matter. A check made payable to respondent in the amount of $1,000 was forwarded to respondent to be held in escrow until the contractor completed work on the client's home. The contractor never completed the work and the client requested the return of the $1,000. Respondent failed to deliver to his client the funds to which he was entitled; failed to respond to his client's inquiries; failed to keep his client reasonably informed; misappropriated the funds; and failed to answer the Request for Investigation.
Respondent was retained to represent a client in a post- divorce judgment matter, but failed to represent his client in the matter; failed to respond to his client's inquiries; failed to keep his client reasonably informed; failed to refund the unearned $60.00 partial fee; 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; 1.15; 1.16(d); 3.2; 8.1(b); and 8.4(a)-(c).
Tri-County Hearing Panel #104 ordered that respondent's license be suspended for two and one-half years, and that he make restitution to his clients in the total amount of $1,060.00 plus interest. Costs were assessed in the amount of $429.25.
Case Nos. 93-248-GA; 93-285-FA Respondent was retained to represent a client in a social
security disability matter. He admitted that he failed to prosecute the matter; failed to respond to his client's inquiries or keep his client informed; and failed to answer the Request for Investigation.
Respondent was retained to institute bankruptcy proceedings. He admitted that he failed to institute the proceedings; failed to respond to his client's inquiries, or the inquiries of subsequent counsel, or keep his client informed; failed to return the unearned $140 fee; 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; 1.5(a); 1.15(b); 1.16(d); 3.2; 8.1(b); and 8.4(a)and(c).
Tri-County Hearing Panel #102 ordered that respondent's license be suspended from the practice of law in Michigan for one year, and that he make restitution to the bankruptcy client in the amount of $140.00. Costs were assessed in the amount of $193.44.
The respondent and the Grievance Administrator each filed a petition for review in each of the consolidated matters. Respondent's requests for stay of discipline were denied by the Attorney Discipline Board. In an order issued June 24, 1994, the Attorney Discipline Board consolidated the matters, affirmed restitution, and increased discipline to revocation of respondent's license effective March 16, 1994. Respondent filed a motion for reconsideration, which was denied by the Board in an order issued October 21, 1994. Respondent filed a second motion for reconsideration, which was denied by the Board in an order issued November 18, 1994.