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NOTICE OF REPRIMAND (By Consent)

ADB 266-88; 10-89 Dennis C. Smith, P-28344, Marysville, Michigan, by Attorney Discipline Board Oakland County Hearing Panel #18.

1) Reprimand; 2) Effective August 11, 1989. The Attorney Grievance Commission and the hearing panel approved a stipulation for consent discipline submitted in accordance with MCR 9.115(F)(5). The parties agreed that respondent should be reprimanded upon acceptance of his plea of nolo contendere to the following charges: 1) The respondent was appointed to represent a defendant on appeal in a criminal case but failed to take action on his client#s behalf, failed to communicate with his client and failed to withdraw 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); 2) The respondent was placed on probation for a period of two years effective April 16, 1987 as the result of prior disciplinary proceedings (see Notice of Probation dated June 9, 1987, File No. DP 175/86). The complaint charged that he violated the provisions of that order requiring quarterly reports of his progress, supervision of his practice by an attorney and a prohibition against further professional misconduct during the period of probation. His failure to comply was alleged to be in violation of MCR 9.104(1-4,8) and Canon 1 of the Code of Professional Responsibility, DR 1-102(A)(1,5,6). Costs were assessed in the amount of $143.24.

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