NOTICE OF SUSPENSION AND RESTITUTION Case No. 92-7-GA Eugene J. Nasal, P18170, Riverview, Michigan, by the Attorney Discipline Board affirming a hearing panel order of suspension and restitution.
1) Suspension - 90 days; 2) Effective October 17, 1992. The hearing panel found that the allegations of professional misconduct contained in the formal complaint were established by a preponderance of the evidence.
Respondent was retained in January, 1988 to probate an estate and filed a petition for commencement of proceedings on behalf of the estate; respondent was appointed personal representative of the estate. Respondent failed to timely administer and close the estate; and failed to keep the heirs informed concerning the status of the estate.
Respondent's conduct was found to be in violation of MCR 9.104 (1-4); the Michigan Rules of Professional Conduct, 1.1(c); 1.3; 1.4; 3.2; 8.4(a,c); and Canons 1, 6 and 7 of the then-applicable Code of Professional Responsibility, DR 1-102(A)(1,5,6); DR 6-101 (A)(3); DR 7-101(A)(1-3). In aggravation, the panel considered respondent's 1989 reprimand; and his failure, even as of the March 24, 1992 disciplinary hearing, to close the estate. The panel ordered respondent to make restitution to the complainant for his expenses in attending the disciplinary hearing, in the amount of $873.40.
The respondent filed a petition for review seeking a decrease in the discipline imposed. In an order issued on September 25, 1992, the Attorney Discipline Board affirmed the order of Tri-County Hearing Panel #14. Costs were assessed in the amount of $273.81.