NOTICE OF REVOCATION Case Nos. 91-121-GA; 91-140-FA V. Mosser Dunn, P13028, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #25.
1) Revocation; 2) Effective December 3, 1991. Respondent failed to answer the formal complaint and failed to appear at the hearing held in Detroit on August 20, 1991. Respondent's default was entered and the panel determined that the default established the allegations of the formal complaint.
Respondent was retained to represent a client in a pending divorce matter and to assist him in the filing of probate claims and accepted a retainer of $1000, but deposited the funds into his office general account; withdrew all of the proceeds from the account, misappropriating the funds; made a false statement in his answer to the request for investigation; made a false statement in other correspondence with the Attorney Grievance Commission; made false statements under oath in his sworn statement to the Attorney Grievance Commission; issued a check to his client out of a trust account maintained for the benefit of other clients, misappropriating the other clients' funds; failed to return his client's file; failed to respond to his clients telephone calls; and failed to account for the funds which had been paid by the client.
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(c); 1.2(a); 1.3; 1.5(a-c); 1.15(a-c); 3.2; 3.3(a)(1,2,4); 3.4(a,b); 8.4(a-c); and Canons 1, 6, 7 and 9 of the then-applicable Code of Professional Responsibility, DR 1-102(A)(1,3-6); DR 6-101(A)(3); DR 7-101(A)(1-3); DR 9-102(A,D) DR 9-102(B)(4). Costs were assessed in the amount of $579.19.