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 O F MICHIGAN
JOHN F. X. DWAIHY EXECUTIVE DIRECTOR & GENERAL COUNSEL
SUITE 1 2 6 0 3 3 3 W. FORT STREET DETROIT. MICHIGAN 4 8 2 2 6 TELEPHONE: (313) 9 6 3 - 5 5 5 3
Th i s i s t o inform the Courts o f the State o f Michigan o f t he fol lowing Order o f Discipline :
NOTICE OF SUSPENSION -- -- - - Fi le No. DP-2/80
ALAN S. GOLDBERG, ( P I4 093), 241 9 F i r s t National Bui ld ing, Detroit , M I 48226, by At to rney Discipl ine Board Wayne C i rcu i t Hear ing Panel "J".
( 1) Suspension; (2) For a per iod o f three( 3) years and one (11 day; ( 3) Ef fect ive October 14, 19 80.
b
Respondent was charged in the Formal Complaint as follows: Count I-Respondent counseled and requested o f a probate cl ient-guardian tha t she invest $20,000 from the estate o f the ward in a cer ta in venture; tha t said funds were g iven t o Respondent who prepared an agreement l i s t i ng himself and said cl ient as co-partners; tha t such investment o f funds o f the deceased in a business owned by said c l ient was proh ib i ted by the Michigan Probate Code, MCLA 700.455; tha t Respondent fai led and neglected t o advise said c l ient t o seek independent advice regard ing the sagacity o f said investments; Respon- dent invested in a client-owned enterprise; tha t Respondent fai led t o account t o the guardian-client f o r the money o f the ward invested notwi thstanding he r repeated requests; tha t Respondent fai led t o account t o the Oakland County Probate Cour t f o r said funds. Separate counts ( II th rough V I ) invo lv ing o ther cl ients charged fa i lu re t o account f o r settlement funds, commingling and con- version o f c l ient settlement funds by endorsement o f cl ient 's name on check, issuance o f dishonored checks and fai lure t o answer the Grievance Administrator 's Requests f o r Investigation.
The Hear ing Panel entered f ind ings o f misconduct regard ing Count I and concluded tha t Respondent had violated Canons 1, 5, 6 and 9 o f the Code o f Professional Responsibil ity, inc lud ing DR 1-1 02(A) (5) ( 6 ) , DR 5-1 01 (A) , DR
5-104(A), DR 5-105(B)(C), DR 5-107(A) (Z), DR 6-101(A) (3), DR 9-102(B) (31, and GCR 953(1-4). Respondent was assessed costs in the amount o f $372.65. On review, the At torney Discipline Board increased the suspension t o th ree ( 3) years and one (1) day, thereby requ i r i ng recert i f icat ion by the Board of Law Examiners p r i o r t o possible f u tu re reinstatement. Respondent, th rough counsel, has f i led a request f o r leave t o appeal t o the Michigan Supreme Court, however, without a request f o r stay of discipline, cont inu ing the suspension made ef fect ive on October 14, 1980, by Hear ing Pane
Date of Is suance :
my A 4 1981
Dav id Baker Lewis, Secretary ATTORNEY DISCIPLINE BOARD