NOTICE OF REPRIMAND (By Consent)
Case Nos. 92-270-GA; 92-286-FA Barry P. Boyer, P29940, Eastpointe, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #102.
1) Reprimand; 2) Effective March 18, 1993. 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. Respondent pled nolo contendere to the charges of professional misconduct contained in both Formal Complaints.
Respondent was retained in a divorce/child support matter and was paid a $750.00 retainer fee. The formal complaints alleged that he failed to institute show cause proceedings in order to enforce the orders for child support; advised his client that there was a pending hearing date on the order to show cause when in fact there was not; failed to seek to obtain back child support for his client although she requested that he do so; failed to return the unused portion of the fees that were paid to him, although he had failed to provide any services to his client; failed to respond to his client's inquiries to comply with her requests that he institute proceedings on her behalf; and failed to timely answer Formal Complaint 92-270-GA.
Respondent's conduct was alleged to be in violation of MCR 9.104(1-4,7); and the Michigan Rules of Professional Conduct, 1.1(c); 1.3; 1.4; 3.2; 8.1(b); 8.4(a,c). Costs were assessed in the amount of $17.64.