BOARD MEMBERS FREDERICK G. BUESSER, JR. JOHN L. COTE, CHAIRPERSON MSGR. CLEMENT H . KERN DAVID BAKER LEWIS. SECRETARY FRANK J. MCDEVITT, D. 0. WILLIAM G. REAMON LYNN H. SHECTER, VICE-CHAIRPERSON
STATE OF MICHIGAN
JOHN F. X . DWAIHY EXECUTIVE DIRECTOR 8 GENERAL COUNSEL
SUITE 1260 333 W. FORT STREET DETROIT, MICHIGAN 48226 TELEPHONE: (313) 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-32/80 MOVJITT S . DREW, (P12953), Sycamore & 3rd Streets , Niles, MI 49120, by Order of the Attorney Discipline Board modifying the Hearing Panel Suspension of 18 months.
( 1 ) Suspension ; ( 2 ) For a period of 180 days; ( 3) Effective April 7, 1981. Respondent drafted a will in which he was named a s a beneficiary and was nominated a s executor. He was a joint tenant with the testatrix of a safe deposit box rented by the client/ testatrix, and af ter his client's death, Respondent entered said safe deposit box prior to inventory by the County Treasurer , and removed a certain promissory note payable to the deceased client, and tore apar t the note, which evidenced a debt of $20,000 owed by Respondent. Respondent admitted the indebtedness to the Probate Court, bu t claimed that t he debt had been orally forgiven by decedent, and so testified a t a Probate Court hearing. Respondent's sworn inventory filed with the Court omitted estate assets known by Respondent to exist. The Court removed Respondent a s fiduciary because of impro- prieties in the handling of the estate.
The Panel found violations of DR 1-102, DR 5-101 (A) (acceptance of employment where the exercise of professional judgment may reasonably be affected by the lawyers' financial, business, property or personal interests) , and DR 7-102(A)(3) (which provides that a lawyer shall not conceal o r knowingly fail to disclose that which he is required by law to reveal in t he representation of a client). On review, the Board, in an opinion, noted t h e seriousness of the misconduct, but reduced the suspension in consideration of a long, unblemished record of law practice and public service and other
evidence in mitigation. Respondent was assessed costs of $51 9.33.
/ 1 David Baker Lewis, Secretary
Date of Issuance : m14B#