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NOTICE OF REPRIMAND (By Consent)

Case Nos. 90-74-GA; 90-90-FA Robert J. Wendzel, P-24151, Pontiac, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #61.

1) Reprimand; 2) Effective August 17, 1990. 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. The respondent offered his plea of nolo contendere to count I of formal complaint 90-74-GA.

Respondent was retained to represent a client in a personal injury matter; the client died 17 months after retaining the respondent. Respondent instituted probate proceedings on behalf of the estate, but failed to file a personal injury action on behalf of his client or his client's estate, failed to respond to the inquiries of the personal representative and the attorney representing the personal representative concerning the status of the case, and failed to respond to the inquiries of the opposing insurance company offering to settle the matter.

Respondent's conduct was found to be in violation of MCR 9.104(1-4) and Canons 1, 6 and 7 of the Code of Professional Responsibility, DR 1-102(A)(1,5,6); DR 6-101(A)(3) and DR 7-101(A)(1-3). Costs were assessed in the amount of $74.90.

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