NOTICE OF REVOCATION (By Consent)
Case Nos. 93-189-GA; 93-203-FA; 93-204-GA Paul C. Perovich, P-18800, Trenton, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #28.
1) Revocation; 2) Effective January 11, 1994. The respondent and the Grievance Administrator filed a stipulation for consent order of discipline pursuant to MCR 9.115(F)(5), which was approved by the hearing panel and the Attorney Grievance Commission. Regarding the matters recited below and others, respondent admitted that he abandoned his legal practice leaving over 200 open client files unattended; failed to take reasonable steps to protect his clients' interests; failed to keep his clients reasonably informed concerning the status of their matters; failed to notify clients of the termination of his legal practice; failed to properly surrender files to which his clients were entitled; failed to return unused and unearned portions of retainer fees; demonstrated a lack of regard for his professional responsibilities and engaged in conduct reflecting adversely upon the legal profession by abandoning his legal practice; and failed to answer the request for investigation.
Respondent was retained to commence probate proceedings. He admitted that he failed to file the petition for commencement of probate proceedings for over three months; failed to respond to his client's letters and telephone calls; knowingly made a false statement to his client; knowingly made a false statement and attestation in the decedent's will; failed to maintain estate funds as a fiduciary; failed to act honestly and forthrightly in connection with the funds; failed to disburse the proceeds of the sale of the decedent's home; failed to render a full accounting of the funds; misappropriated $78,210.37 in estate funds; made a false statement in his answer to the request for investigation; failed to respond to lawful demands for information by the Attorney Grievance Commission; falsely advised the Attorney Grievance Commission that he had filed a Michigan inheritance tax return on the estate's behalf; knowingly disobeyed the rules of the probate court by leaving the court premises with possession of the court file; and failed to return the file to the probate court.
Respondent was retained to represent a client in a petition for abatement of child support and paid $200. He admitted that he failed to diligently pursue the matter and failed to answer the request for investigation.
Respondent was retained to defend a client in two actions. He admitted that he failed to file a counterclaim on his client's behalf in the first lawsuit; failed to file an answer on his client's behalf in the second lawsuit; failed to take remedial steps to have the default in the second lawsuit set aside; and failed to answer the request for investigation.
Respondent was retained to assist in the administration of an estate. He admitted that he failed to file an inventory on the estate's behalf; failed to timely file the inheritance tax return; failed to take any action in the estate for over one year; and failed to answer the request for investigation.
Respondent was retained to assist a couple in the probate estate of their nephew. He admitted that he failed to timely file an inventory of the estate; failed to timely file an annual account of the estate's assets; failed to file a receipt for balance following the sale of real property of the estate; filed an inventory and amended inventory of the estate in which he knowingly failed to disclose certain assets of the estate; in the inventories, falsely attested that the contents therein were true to the best of his information, knowledge and belief; failed to maintain the estate funds as a fiduciary; failed to act honestly and forthrightly in connection with the funds; failed to disburse the proceeds of the sale of the decedent's home; failed to render a full accounting of the funds; misappropriated over $90,000.00 in estate funds; and failed to answer the request for investigation.
Respondent's conduct was admitted to be in violation of MCR 9.103(C); MCR 9.104(1)-(4),(6)and(7); MCR 9.113(A)and(B)(2); MCL 750.491; and the Michigan Rules of Professional Conduct, 1.1; 1.2; 1.3; 1.4; 1.15; 1.16(d); 3.2; 3.3(a)(1)and(4); 3.4(a)and(c); 3.5(c); 4.1; 8.1(a)and(b); and 8.4(a)-(c).
Respondent agreed to make full restitution to the former clients mentioned in the formal complaints prior to filing a petition for reinstatement. Costs were assessed in the amount of $226.87.