EOARD MEMEERS FREDERICK G. BUESSCR. J.i JOHN L. COT^. CHAIRPCRSON MSGR. CLEMENT W. KERN DAVID EAKER LEWIS. SCCRCTARY
FRANI J. MCDEVITT. 0.0. WILLIAM G. REAMON
LYNN H. SHECTER. VICE-CHAIRPERSON
STATE 9 F M I C H I G A N
JOHN F X. OWAIHY Executive Director & Gep~&a.J60Counsel
3 3 3 W FORT STREET DETROIT. MICHIGAN 4 8 2 2 6
TELEPHONE: 13131 9 6 3 - 5 5 5 3
This is to inform the Courts of the State of Michigan of the following Order of Discipline: NOTICE OF SUSPENSION File No. DP-101/80 JAMES CARLIN (P11615), 1800 Buhl Building, Detroit, MI 48226, by Atto . r ney Discipline Board Oakland Circuit Hearing Panel "F" ( 1 ) Suspension; (2) For a period of 121 days; (3) Effective January 19, 1981. Respondent was charged in a three count Formal Complaint with: In the course of representing a Plaintiff in a personal injury suit, deducting amounts in excess of the agreed upon fee, causing an endorsement of a client's signature to money orders by someone other than said client, cashing said money orders and/or depositing the same to Respondent's account, failing or refusing to pay the balance of said settlement to client; refusing -to explain said matters to the client, refusing to otherwise communicate with the client and answer client's telephone calls, commingling and/or conversion of a portion of the client's share of the settlement, in violation of GCR 953, Canons 1, 7 and 9 of the Code of Professional Responsibility, to-wit: DR 1-102 (A), DR 7-101 (A), DR 9-102 ( A ) , and DR 9-102 (B). A second count charged that Respondent failed to answer the Grievance Administrator's Request for Investigation into matters alleged in Count I. A third count charged that Respondent was retained to repre- sent Plaintiffs in a personal injury matter, and neglected and/or refused to communicate with and advise the clients regarding the status of said matter, that client was unable to seek the advice and guidance of Respondent con- cerning continuation of medical treatment because of Res- pondent's failure and/or refusal to communicate with the client, and that Respondent, although requested, failed and or refused to advise whether any civil action had, in fact, been commenced on behalf of said client, in violation of GCR 953 and Canons 1 and 6 of the Code, to-wit: DR 1-102 and DR 6-101.
The Hearing Panel held in abeyance findings and conclusions as to Counts I and I1 of the Formal Complaint to provide for appearance of an absent complaining witness. The Hearing Panel found that Respondent had violated the alleged rules in regard to Count I11 of the Complaint, and assessed costs in the amount of $178.90. Neither party has filed an Appeal with the Discipline Board.
Date of Issuance:
\ David Baker Lewis, Secretary -\ ATTORNEY DISCIPLINE BOARD I\ u FEB 6 1981