NOTICE OF REPRIMAND AND RESTITUTION WITH CONDITIONS (By Consent)
Case Nos. 91-110-GA; 91-124-FA Kevin R. Kleidon, P27928, Centreville, Michigan, by Attorney Discipline Board Kalamazoo County Hearing Panel #3.
1) Reprimand; 2) Effective February 25, 1992. The hearing panel found that the allegations contained in Formal Complaint 91-110-GA were established by a preponderance of the evidence. Formal Complaint 91-124-FA was dismissed. 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 was retained to represent an Illinois attorney in a fee collection matter, and was instructed to file a claim of interest on behalf of the attorney against real property of the client and to institute litigation against the client. Respondent failed to file a lis pendens against the real property; failed to move for entry of judgment against the defendant after a default was entered; allowed the suit to be dismissed for no progress; failed to move to have the matter reinstated; failed to advise his client of the suit's dismissal; failed to advise his client that the real property in question was sold; failed to keep in communication with his client; made false statements to his client; and made false statements in his answer to the request for investigation.
Respondent's conduct was found to be in violation of MCR 9.104 (1-4,6); MCR 9.113(A); the Michigan Rules of Professional Conduct, 1.1(a-c); 1.2(a); 1.3; 1.4(a); 8.1(a); 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). The respondent agreed to make restitution to his client in the amount of $2000.00 and to perform 200 hours of pro bono work. Costs were assessed in the amount of $622.03.