NOTICE OF SUSPENSION (By Consent)
Case No. 90-174-GA Warren H. Siegel, P27806, Mesa, Arizona (formerly of Southfield, Michigan), by Attorney Discipline Board Tri-County Hearing Panel #74.
1) Suspension - 119 days; 2) Effective March 11, 1992. 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 admitted the allegations contained in the formal complaint.
Respondent was retained to prosecute a personal injury claim, but failed to timely notify his client of a $3000 mediation award; accepted the mediation award without his client's permission; after being discharged by his client, executed a stipulation of discontinuance by which he agreed that the cause be discontinued with prejudice; and falsely advised subsequent counsel that the case had been dismissed without prejudice.
Respondent was retained in a breach of contract action, but failed to appear for mediation; failed to timely notify his client of a $100 mediation award; rejected the mediation award without his client's knowledge or consent; failed to appear for a settlement conference; and failed to advise his client that her case had been dismissed.
Respondent was retained in a partnership dispute, but failed to deposit settlement proceeds into a trust account; failed to maintain the funds as a fiduciary; commingled client funds with his own; and failed to account for the amounts purportedly distributed by him from the settlement.
Respondent's conduct was found to be in violation of MCR 9.104 (1-4); the Michigan Rules of Professional Conduct, 1.1(c); 1.2(a); 1.3; 1.4(a); 1.15(a); 8.4(a,c); and Canons 1, 6, 7 and 9 of the then-applicable Code of Professional Responsibility, DR 1-102(A) (1,4-6); DR 6-101(A)(3); DR 7-101 (A)(1-3); DR 9-102(A); DR 9-102 (B)(3). Costs were assessed in the amount of $548.89