NOTICE OF SUSPENSION AND PROBATION (By Consent)
Case Nos. 90-180-GA; 91-1-FA Michael J. Odette, P26225, Birmingham, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #79.
1) Suspension - 13 months; 3) Probation - one year; 2) Suspension effective 4) Probation to commence upon retroactive to respondent's February 1, 1991; reinstatement to the practice of law.
The respondent and the Grievance Administrator filed a stipulation for consent order of discipline which was approved by the hearing panel and the Attorney Grievance Commission. Respondent admitted the allegations of the formal complaints.
Respondent was suspended from the practice of law for a period of one year effective August 5, 1989 (ADB 15-89; 30-89; 36-89; 45-89), but failed to comply with the order of suspension and failed to answer the request for investigation.
In a separate matter, respondent was retained to pursue an insurance claim and received an insurance draft in the amount of $3729.65 on behalf of his clients, but failed to notify his clients of his receipt of the funds and misappropriated the funds.
In a another matter, respondent was retained concerning a condemnation matter, but neglected to take any action to obtain a judicial deed or to otherwise secure payment for his clients; failed to keep his clients reasonably informed about the status of the case and failed to respond to their inquiries; and failed to answer the request for investigation.
Respondent's conduct was found to be in violation of MCR 9.104 (1-4,7,9); MCR 9.103(C); MCR 9.113(B)(2); the Michigan Rules of Professional Conduct, 1.1(c); 1.3; 1.4(a); 1.15(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)(1,4-6); DR 6-101(A)(3); DR 7-101(A) (1-3); DR 9-102(B)(1,3,4). Costs were assessed in the amount of $200.95.