BOARD MEMBERS FREDERICK G. BUESSER. J R * JOHN L. COTE, CHAIRPERSON MSGR. CLEMENT H. KERN DAVID BAKER LEWIS. SECRETARY FRANK J. MCDEVITT, 0 . 0 . G. WILLIAM REAMON LYNN H. SHECTER. VICE-CHAIRPERSON
STATE OF MICHIGAN
JOHN F. X . DWAIHY EXECUTIVE DIRECTOR GENERAL COUNSEL
SUITE 1260 3 3 3 W. FORT STREET DETROIT. MICHIGAN 4 8 2 2 6 TELEPHONE: (313) 9 6 3 - 5 5 5 3
Th is i s t o inform the Cour ts o f the State o f Michigan o f the following Order of Discipline :
NOTICE OF SUSPENSION Fi le No. DP-48/80 JAMES H. KENNEDY, (P15880), 268 Washington Square, Royal Oak, MI 48067, by Order o f the At torney Discipl ine Board, amending a Hear ing Panel decision.
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( 1) Suspension; (2) For a per iod o f 121 days; ( 3) Ef fect ive A p r i l 8, 1981. F indings : Respondent was retained t o probate an estate, and
neglected to f i le an accounting despite repeated notices from the Special Admin is t ra t r ix and a Probate Cour t notice, that despite inquiry from the Probate Cour t Judge, Respondent failed to meet as promised w i t h said Judge, that said f iduc iary was eventual ly suspended as a resu l t o f Res- pondent's fa i lure t o prov ide said accounting, that subsequently, subst i tute counsel was appointed b y the Court, and thereafter, Respondent attempted t o f i le an accounting, which was not signed by the f iduciary o r by the Respondent, said acts, omissions, and negligence resu l t ing in additional expenses t o the estate, and be ing in violation o f GCR 953(1)(4) and Canons 1 and 6 o f the Code o f Professional Responsibil ity, to-wit: DR 1-102(A)(4)
( 5) (6) and DR 6-1 01 ( A ) ( 3). Respondent failed to answer the Grievance Administrator 's Request f o r Investigation in regard to said Complaint, in
violation o f GCR 953(7) and 962 and DR 1-1 02(A) ( 1).
The Hear ing Panel c i ted Respondent's explanation o f factors in mit igat ion and remorse as grounds t o obviate discipline, and dismissed the Complaint. On review, the At torney Discipline Board reversed the Panel decision w i t h an opinion c i t i ng provis ions f o r mandatory discip l ine (GCR 964.10(2)) and not ing the absence o f an excuse for fa i lure t o answer a Request for Investigation, par t icu lar ly based upon the nature o f Respon- dent's p r i o r contacts w i t h the discip l inary system, which may not have been presented to the Hear ing Panel. Respondent was assessed costs in the amount o f $14 0.80. I dd.$.LaP,L David Baker Lewis, Secretary
Date o f Issuance :
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