STATE OF MICHIGAN Attorney Discipline Board
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner/A ppellee/Cross-Appellant v ROBERT D. STEIN, P 20953, RespondentlAppellantlCross-Appellee. ----------------------------------~/
Case No. 09-3-GA
.. FILED AT fORNEY DISCIPliNE BOARD . . . . f.I JAN 18 PH 2: 58
ORDER INCREASING DISCIPLINE FROM A SUSPENSION OF 179 DAYS TO A SUSPENSION OF 180 DAYS. AFFIRMING RESTITUTION AND VACATING CONDITION
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
On March 22, 2010, Tri-County Hearing Panel #66 of the Attorney Discipline Board issued an order suspending respondent's license to practice law in Michigan for a period of 179 days commencing April 13, 2010. The Grievance Administrator filed a petition for review on April 8, 2010, and the respondent filed his petition for review, along with a request for a stay of discipline, which was granted, on April 12, 2010. The Attorney Discipline Board conducted ·review proceedings in accordance with MCR 9.118 and is otherwise fully advised,
NOW THEREFORE, IT IS ORDERED that, for the reasons set forth in the attached opinion, discipline in this case is increased from a suspension of 179 days to a SUSPENSION OF RESPONDENT'S LICENSE TO PRACTICE LAW IN MICHIGAN FOR 180 DAYS EFFECTIVE FEBRUARY 16. 2011 and until further order of the Supreme Court, the Attorney Discipline Board or a hearing panel, and until respondent complies with the requirements of MCR 9.123(B); and MCR 9.124.
IT IS FURTHER ORDERED that the effective date of this order is Februarv 16. 2011. IT IS FURTHER ORDERED that the restitution to be paid to Ray's Liquor Store, Wal-Mart Corp and Ice House, in the total amount of $3,067.67, as ordered by Tri-County Hearing Panel #66, is AFFIRMED. Respondent shall file written proof of payment with the Attorney Grievance Commission and the Attorney Discipline Board within 10 days of the payment of restitution and respondent shall not be eligible for reinstatement unless his has made full restitution as ordered.
IT IS FURTHER ORDERED that the condition ordered by the hearing panel that respondent should not be eligible to submit an affidavit for reinstatement until he has provided a written report from a psychiatrist (medical doctor) to the Grievance Administrator and the Attorney Discipline Board is VACATED in light of the enhanced reinstatement requirements imposed under MCR 9.123(B).
IT IS FURTHER ORDERED that from the effective date of this order and until reinstatement in accordance with the applicable provisions of MCR 9.123, respondent is forbidden from practicing law in any form; appearing as an attorney before any court, judge, justice, board, commission or other public authority; or holding himself out as an attorney by any means.
IT IS FURTHER ORDERED that respondent shall, within seven days after the effective date of this order, notify all of his active clients, in writing, by registered or certified mail, return receipt requested, of the following:
1. 2. 3.
4.
5.
the nature and duration of the discipline imposed; the effective date of such discipline; respondent's inability to act as an attorney after the effective date of such discipline;
the location and identity of the custodian of the clients' files and records which will be made available to them or to substitute counsel;
that the clients may wish to seek legal advice and counsel elsewhere; provided that if respondent is a member of a law firm, the firm may continue to represent each client with the client's express written consent;
6. the address to which all correspondence to respondent may be addressed. IT IS FURTHER ORDERED that in accordance with MCR 9.119(B), respondent must, on or before the effective date of this order, in every matter in which respondent is representing a client in litigation, file with the tribunal and all parties a notice of respondent's disqualification from the practice of law.
IT IS FURTHER ORDERED that respondent shall, within 14 days after the effective date of this order, file with the Grievance Administrator and the Attorney Discipline Board an affidavit of compliance as required by MCR 9.119(C).
IT IS FURTHER ORDERED that respondent's conduct after the entry of this order but prior to its effective date, shall be subject to the restrictions set forth in MeR 9.119(D); and respondent's compensation for legal services shall be subject to the restrictions described in MCR 9.119(F).
IT IS FURTHER ORDERED that respondent shall, on or before February 16. 2011, pay costs previously assessed in the hearing panel's order of suspension issued March 22, 2010, in the amount of $5,617.78, plus costs incurred for the transcript of review proceedings conducted on July 14,2010, in the amount of $130.00, for a total amount due of $5,747.78. (See attached instruction sheet.)
DATED: January 18, 2011
Board Members William J. Danhof; William L. Matthews; AndreaL. Solak; Carl EVer Beek; Craig H. Lubben; James M. Cameron, Jr.; and Sylvia P. Whitmer, Ph.D .., concur in fhi.s decision.
,'-
~.
Board Members Thomas G. Kienbaum and Rosalind E. Griffin, M.D. were absent and did not participate.
-2-