NOTICE OF SUSPENSION Case Nos. 90-128-GA; 90-142-FA V. Mosser Dunn, P13028, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #85.
1) Suspension - three (3) years; 2) Effective February 1, 1991. The respondent failed to answer the formal complaints and failed to appear at the hearings held in Birmingham on September 18, 1990 and November 2, 1990. Respondent's defaults were entered and the panel determined that the defaults established the allegations of the formal complaints.
Respondent was retained to represent an individual in a real estate transaction and executed a quit claim deed. Thereafter, his client instituted proceedings to set aside the conveyance of the property described in the quit claim deed. In violation of his duties, respondent failed to adhere to his obligations regarding conflict of interest, and undertook to represent the interests of another individual in opposition to the proceedings by his original client to set aside the quit claim deed. Respondent failed to answer the request for investigation.
Respondent's conduct was found to be in violation MCR 9.104 (1-4,7); MCR 9.103(C); MCR 9.113(B)(2); Canons 1, 2, 5, and 7 of the Code of Professional Responsibility, DR 1-102(A)(1,4-6); DR 2-110(B)(2); DR 5-101(A); DR 5-105(A); DR 7-102(A)(8); DR 7-102(A) (2); and Rule 8.4(a,c) of the Michigan Rules of Professional Conduct. Costs were assessed in the amount of $243.98.