NOTICE OF REVOCATION AND RESTITUTION Case Nos. 92-135-GA; 92-167-FA; Case Nos. 92-285-GA; 92-314-FA
Woodrow H. Floyd, P-13537, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #23.
1) Revocation; 2) Effective January 29, 1994. Respondent failed to timely answer the formal complaints, but appeared at the hearings held in Detroit on July 20, 1992, March 15, 1993, May 17, 1993 and September 21, 1993. Respondent's defaults regarding Case Nos. 92-285-GA; 92-314-FA were entered, and the panel determined that the defaults established the allegations of those complaints. Formal Complaint 92-167-FA was dismissed.
Case No. 92-135-GA Respondent was retained to represent the personal representative of an estate. The panel found that respondent failed to prepare or to assist in filing the annual accounts and/or an interim account in the estate; and failed to assist in the timely filing of the final account.
Respondent was suspended from the practice of law in Michigan from June 29, 1983 to February 19, 1987. The panel found that, while suspended, respondent held himself out as an attorney and accepted retainer fees. The panel further found that respondent made false statements in his petition for reinstatement and reinstatement proceedings.
Respondent filed a petition to commence supervised probate regarding another estate. The panel found that respondent failed to file and/or to assist in the filing of the annual accounts and the final account; and failed to properly prepare and file a petition for order sell estate real property and/or following hearings on the petition, failed to effectuate the sale of the property or to bring the estate to a close.
Case Nos. 92-285-GA; 92-314-FA Respondent was appointed co-personal representative of an estate. The panel found that respondent prepared, executed and filed a false accounting of the estate which failed to reflect that respondent had obtained possession of two U.S. Treasury Bond certificates, each in the amount of $10,000, which were assets of the estate; prepared, executed and filed an amended inventory which failed to disclose the existence of the certificates or to report
to the court respondent's receipt of the proceeds of the certificates; misappropriated the proceeds of the two treasury certificates in the sum of $20,425.81; in answer to a petition to surcharge, knowingly made false representations that the treasury bonds were never in his possession; and failed to answer Formal Complaint 92-314-FA.
Respondent's conduct was found to be in violation of MCR 9.104(1)-(7)and(9); MCR 9.119; MCR 9.123(B); MCL 600.916, MSA 27.916; the Michigan Rules of Professional Conduct, 1.1(c); 1.2(a); 1.3; 1.5(a); 3.2; 3.3(a)(1); 3.4(b); 3.5(c); 4.4; 5.5(a); 8.1(a)and(b); and 8.4(a)-(c); Canons 1, 2, 3, 6, 7 and 9 of the then applicable Code of Professional Responsibility, DR 1- 102(A)(1),(3)-(6); DR 2-106(A); DR 3-101(B) DR 6-101(A)(3); DR 7- 101(A)(1)-(3); DR 7-102(A)(4)-(6); and DR 9-102(A)and(B).
The panel ordered that respondent's license be revoked and that he make restitution to two of the estates in the amounts of $500 and $20,425.81, respectively.
Costs were assessed in the amount of $1238.64.