BOARD MEMBERS FREDERICK G. BUESSER. JR. JOHN L. COT& CHAIEIPERSON MSGR. CLEMENT H. KERN DAVID BAKER LEWIS. SECRETARY FRANK J. MCDEVtTT. 0.0. WILLIAM G. REAMON LYNN H. SHECTER. VICE-CHAIRPERSON
S T A T E OF H ! C r ( l G A N
JOHN F. X . DWAIHY EXECUTIVE DIRECTOR & Gf NERAL COUNSEL
SUITE 1200 3 3 3 W. FORT STREET OETROIT. MICHIGAN 4 8 2 2 6 TELEPHONE: (313) 9 6 3 - 5 5 5 3
Th i s i s to inform the Courts o f the State of Michigan of the fol lowing Order o f Discipl ine:
NOTICE OF SUSPENSION File No. DP-160180 JAMES A. CARLIN, (P11615), 1800 Buh l Building, Detroit, MI 48226, b y At torney Discipl ine Board Wayne C i rcu i t Hear ing Panel "MI1.
( 1 ) Suspension; (2) For a per iod o f one (1) year; ( 3) Effect ive ( b y retroact ive o rder ) February 5, 1981. The Formal Complaint charged : that Respondent was retained in December, 19 74 to pursue a workers1 compensation claim, that Respondent, in January, 1976, advised h is c l ient tha t a pet i t ion f o r workers1 compensation had been f i led, that the c l ient appeared f o r hear ing in March, 1977, and was advised by Respondent that a settlement had been obtained, tha t c l ient was advised in May, 1977, by the Department o f Workers' Compensation o f dis- missal f o r lack o f progress, that Respondent was inaccessible t o h is cl ient,
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missed appointments w i t h said client, refused to answer telephone calls and letters, in violation o f GCR 953(1-4) and Canons 1, 6, and 7 o f the Code o f
Professional Respon . sibility, to-wit: DR 1-102(A)(5) (6), DR 6-101(A) ( 3 ) , and DR 7- 101 ( A ) ( 2) ( 3) The Complaint f u r t he r charges that Respondent obtained a settlement fo r a personal i n j u r y c l ient and gave the cl ient false excuses for not pay ing the proceeds of said settlement to the client, that Respondent paid said monies on ly af ter the filing o f a Request fo r Investigation, in violation o f DR 1-102(A) (4-6) and DR 9-102(B)(4) and GCR 953( 1-4). A separate count
charged tha t Respondent neglected prosecution o f a certain personal i n j u r y matter, failed, neglected, and /o r refused to communicate wi th h is c l ient re- gard ing status of the same, fai led o r re fused cl ient 's request fo r r e t u r n o f the file, and fai led to perform legal services fo r which he was retained, in violation o f DR 1-102(A) (5 ) (6) and DR 6-101 ( A ) (3) and DR 7-101(A) (1) (21, and GCR 953(1-4). Four (4 ) additional, separate counts in the Complaint charged that Respondent failed to answer Requests for lnve . s tigation f i led by the Grievance Administrator, in violation o f GCR 953( 7)
The Hearing Panel entered f ind ings o f fact and conclusions o f law based upon Respondent's default and fai l ing to answer the Formal Complaint; the Panel concluded tha t the allegations in the Complaint had been established
also b y proofs, const i tu t ing violations o f the ru les as alleged. The Panel emphasized the importance of compliance w i th the cour t ru les requ i r ing an answer t o the Request for lnvest igat ion and Formal Complaint. The Panel
considered a record of p r i o r misconduct, inc lud ing a repr imand and th ree (3) separate suspensions, and assessed costs in the amount o f $142.20. The suspension o f one ( 1) year i s t o run concurrent ly w i t h a separate suspension o f 180 days.
ATTORNEY DISCIPLINE BOARD
Date o f Issuance : m 1 4 -