STATE OF MICHIGAN
Attorney Discipline Board
FiLED AHGII!iEr !'!SC1PUf{ GOARD
09 AUG -6
PM 4: 21
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
v
Petitioner,
Case No. 07-63-GA
ROBERT L. WIGGINS, JR., P 32359, Respondent.
ORDER AFFIRMING HEARING PANEL ORDER OF SUSPENSION WITH RESTITUTION AND CONDITIONS
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
Respondent, Robert L. Wiggins, Jr., petitioned for review of the hearing panel order of suspension with restitution and conditions entered in this matter on April 24, 2009. The Board has conducted review proceedings in accordance with MCR 9.118, including review ofthe record below and consideration of the briefs and oral arguments presented to the Board at a hearing conducted on July 16, 2009.
It is the determination of the Board that the hearing panel's findings and conclusions have evidentiary support in the whole record and that respondent was properly placed on notice that certain conduct was alleged to be in violation of specific provisions of the Michigan Rules of Professional Conduct, including MRPC 1.5(a) and MRPC 1.16(d).1 The Board has also reviewed the discipline imposed by the hearing panel. The Board is not persuaded that the panel's decision to impose a suspension of 180 days was erroneous under the panel's application of Standards 4.62 and 7.2 of the American Bar Association's Standards for Imposing Lawyer Sanctions, and the aggravating and mitigating factors presented, including respondent's substantial history of prior misconduct deemed to be an aggravating factor under ABA Standard 9.22(a). Finally, the conditions imposed by the hearing panel, under authority of MCR 9.106(2), appear to be relevant to the established misconduct, as does the panel's order of restitution.
NOW THEREFORE, IT IS ORDERED that the hearing panel order of suspension with restitution and conditions entered April 24, 2009 is AFFIRMED.
IT IS FURTHER ORDERED that Respondent shall, on or before September 4, 2009, pay costs in the amount of $4,452.38, consisting of costs assessed by the hearing panel in the amount
1See, for example, the joint pre-trial statement filed by the parties on December 7,2007.
of $4,346.39 and court reporting costs incurred by the Attorney Discipline Board in the amount of $106.00 for the review proceedings conducted on July 16, 2009. Check or money order shall be made payable to the State Bar of Michigan, but submitted to the Attorney Discipline Board [211 West Fort St., Ste. 1410, Detroit, MI 48226] for proper crediting. (See attached instruction sheet).
By:
WiliiamJ.
n
DATED: August 6, 2009
Board members William J. Danhof, Thomas G. Kienbaum, Billy Ben Baumann, M.D., Andrea L. Solak, Carl E. Ver Beek, Craig H. Lubben and James M. Cameron, Jr., concur in this decision.
Board members William L. Matthews, C.P.A. and Rosalind E. Griffin, M.D. did not participate.