.I
Ordem of Discipline 6 Disability
Board on April 15, 1987. Respondent proceedings but failed to take any ac- has not requested a stay of the disci- tion, failed to communicate with his pline imposed and the suspension client and failed to return the file or
will remain in effect until further order of the Board or until respondent has completed the reinstatement proce- dure described in MCR 9.123(B) and
MCR 9.124.
Joel Simmer, P20485, 31275 North- western Highway, Suite 126, Farm- ington Hills 48018 by Attorney Disci- pline Board Oakland County Hearing Panel #14. For a period of one year. Ef-
fective February 18, 1987.
the retainer; Count 11: Respondent failed to answer a request for investiga- tion served October 18, 1985;
DP 57/86 - Count 1: Respondent was retained in a civil matter in April,
1985, but failed to take action or to communicate with his client; Count 11: Respondent failed to answer a request for investigation served October 28, 1985; Count 111: Respondent accepted a retainer in October, 1984 but failed AN to institute action to quiet title to real
The respondent failed to answer the property and made false statements to formal complaint filed by the griev- his clients concerning his efforts on ance administrator and failed to ap- their behalf: Count IV: Respondent pear at the hearing on November 19, failed to answer a request for investiga- 1986. By virtue of the default filed tion served October 30, 1985; Count V: against the respondent, the hearing Respondent was retained to handle the panel concluded that the allegations of administration of a decedent's estate misconduct were established and but prepared no accountings and found that respondent ignored the re- failed to reply to the inquiries of his quests of a client to deliver the client's client; Count Vl: Respondent failed file to substitute counsel; failed to an- to answer a request for investigation swer a request for investigation filed by served March 20, 1986. that client; and filed a false affidavit DP 170186 - Respondent failed to with the ,clerk of the Supreme Court answer a formal complaint served by regarding respondent's notification to certified mail March 21, 1986. his clients that his license had been DP 216186 - Respondent failed to suspended for a period of 60 days in answer a formal complaint served by a prior disciplinary matter. Respon- certified mail October 23, 1986. dent's conduct was found to have violated the provisions of MCR 9.104- By virtue of the defaults which had (1-4), MCR 9.123(A) and Canons 1 and been entered, the panel found that 2 of the Code of Professional Respon- misconduct was established; that re- sibility, to wit: DR 1-102(A)(l,5 -6) and spondent had violated the provisions DR 2-llO(B)(4).C osts were assessed in of MCR 9.104(1-4, 7), MCR 9.113(A) and the amount of $73.97. Canons 1, 2, 6 & 7 of the Code of Pro- fessional Responsibility, DR 1-102(A)- In accordance with MCR 9.118, a peti- (1, 4-6), DR 2-llO(B)(4),D R 6-101(A)- tion for review has been filed by the (1-3), and DR 7-101(A)( 1-3). Costs were complainant asking that the order of assessed in the amount of $268.07. discipline be modified to include an order of restitution. That petition is Respondent is suspended for a period pending before the Board and does not of three years and until the entry of an stay the effective date of the discipline order of reinstatement pursuant to imposed. MCR 9.124. Respondent is ordered to make restitution to three complainants
David F. Tibbetts, P22859, State Street, Box 331, Atlanta 49709 by At- torney Discipline Board Macomb County Hearing Panel #I. For a period of three years, one day. Effective March 20, 1987.
The respondent did not appear at the hearing and did not answer the formal complaints which charged as follows: DP 118185 - Count 1: Respondent was retained to commence foreclosure
in the respective amounts of $390; $250: and $400 with interest at the rate
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3
REPRIMANDS
David G. Butler, P31397, 202 N. Riverview Dr., Parchment 49004 by the Attorney Discipline Board St. Joseph Hearing Panel. Effective February 12, 1987.
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Daily Mail Service LEXIS System Available One Monthly Payment for Basic Services and Utilities
Conveniently Located in Tower 600, 14th Floor Renaissance Center. Phase I1 RENAISSANCE CENTER
The grievance administrator and the respondent filed a stipulation for con- sent order of discipline pursuant to MCR 9.115(F)(5)i n which it was agreed that respondent would be repri- manded based upon his admission that his neglect of a legal matter en- trusted to him by a client, specifically his failure to file a timely proof of serv- ice, constituted violations of MCR 9.- 104(1-4) and Canons 6 and 7 of the Code of Professional Responsibility,
DR 6-101(A)(3) and DR 7-101(A)(l-3). Costs were assessed in the amount of $56.59.
George I. DeWit, P12740, 2604 W. Genesee St., Saginaw 48603 by Attor- ney Discipline Board Saginaw Hearing Panel. Effective March 2, 1987.
Based upon the evidence presented, the hearing panel concluded the re- spondent violated the standards of professional conduct as proscribed by MCR 9.104 by his failure to make a timely appearance at a scheduled pre-
trial hearing on February 4, 1986 and by his failure to appear on behalf b
MICHIGAN BAR JOURNAL
MAY. 1987
433