BOARD MEMBERS JOHN L . COTE. CHAIRPERSON LEO A. FARHAT M S G R . CLEMENT H . KERN DAVID BAKER LEWIS. SECRETARY FRANK J. MCDEVITT. 0 . 0 . G. WILLIAM REAMON
LYNN H . SHECTER.
VICE-CHAIRPERSON
STATE OF MICHIGAN gp Bi$ciptinp
NOTICE OF SUSPENSION
DP-204/80
J O H N F. X.DWAIHY EXECUTIVE DIRECTOR & GENERAL COUNSEL
SUITE 1260 3 3 3 W . FORT STREET
DETROIT. MICHIGAN 48226 T E L E P H O N E : ( ~ I ~9)6 3 - 5 5 5 3
JAMES R. B. HOVEY, (P 25078), 223 North Bridge St., P.O. Box 41, Grand Ledge, MI 48837, by Attorney Discipline Board Kent Circuit Hearing Panel "A".
I
(1) Suspension;
(2) For a period of one hundred and thirty (130) days; (3) Effective June 29, 1981. (NOTE: A Notice of Suspension pending appeal was issued by the Board pursuant to an Order Denying Stay pending appeal.)
The Hearing Panel determined that Respondent was retained to investi- gate and prosecute an action against police authorities for false arrest and in- juries incidental thereto. Respondent was paid a retainer and did thereafter co- operate with court appointed counsel in a related pending criminal matter by ob- taining certain documents and data relative to the criminal case; however, the Panel found that Respondent failed to take any further action to prosecute the civil matter and failed to reasonably communicate with his client, and failed t~ properly advise the client of the status of the case. The Panel fou~dt hat Res. pondent failed to answer the charges against him within the time prescribed by the rules and that the answer was not proper in form. The Panel also found that Respondent failed to answer the Grievance Administrator's Request for Investigation.
Respoadent was found to have violated Canons 1, 6, and 7 of the Code of Professional Responsibility, to-wit : DR 1-102 (A) (1) (4) (6) , DR 6-101(A) (3) and DR 7-101 (A) (1) (2) , and GCR 1963, 953(7), 962 and 964.2. The Panel considered certain mitigating evi- dence and a record of previous discipline including three prior suspensions (one
for 30 days and twa for 120 days).
/
The Attorney Discipline Board dismissed Respondent's Petition for Re- view after failure of Respondent to appear as scheduled. Costs were assessed in the amount of $374.62.
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C:,V13 E.^,MZR LZ.'/IS, Secretary of the Att jr2-y Di;et~;rn2 C ~ z r d
Dated 12/17/81