MEMBERS LOUANN VAN DERWIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON DULCE M. FULLER SECRETARY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH BARBARA WILLIAMS FORNEY KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
STATE OF MIClllGAN ArrORNEY DISCIPLINE BOARD
211 WEST FORT STREET, SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR WENDY A. NEELEY DEPUTY DIRECTOR SHERRY L. MIFSUD OFFICE ADMINISTRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONtSTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION Case No. 16-46-GA Notice Issued: November 29,2016 Jeffrey A. Cruz, P 60284, Lansing, Michigan, by the Attorney Discipline Board Ingham County Hearing Panel #1.
Suspension - 179 Days, Effective November 29,2016 Respondent appeared at the hearing but was in default for his failure to file an answer to the formal complaint. Based on respondent's default, the hearing panel found that he committed professional misconduct in his representation of two separate clients in regard to Friend of the Court matters when he failed to inform one client that objections to a Friend of the Court Recommendation as to custody, parenting time and child support were filed, that a hearing on the objections had been noticed and that a proposed order from the hearing was issued pursuant to the 7-day rule; and, in the second matter, after being retained to file objections to a Friend ofthe Court Recommendation, he failed to file such objections, made a false statement to his client that the objections had been filed when they had not, failed to return the client's documents and failed to refund the unearned fee.
The panel found that respondent neglected the legal matters, in violation of MRPC 1.1 (c); failed to act with reasonable diligence while representing his clients, in violation of MRPC 1.3; failed to keep his clients reasonably informed regarding the status of their legal matters and respond promptly to reasonable requests for information, in violation of MRPC 1.4(a); and failed to explain the clients' matters to them to the extent reasonably necessary for the client to make informed decisions regarding their representation, in violation of MRPC 1.4(b). Respondent was also found to have violated MCR 9.104(1 )-(3).
The panel ordered that respondent's license to practice law be suspended for 179 days. The panel also ordered that respondent be required to pay restitution in the amount of $500 to Charles Edward Vasquez and $500 to Chelsea A. Marr. Additionally, respondent is required to attend the State Bar of Michigan's "Tips and Tools for a Successful Practice" seminar, or an equivalent seminar, as a condition of having his license restored. Costs were assessed in the
a~~t of ~2,068.81. ~a~.
Mark A. Armitage