MEMBERS LOUANN VAN DER WIELE 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 MICHIGAN ATTORNEY 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
KAREN M. DALEY ASSOCIATE COUNSEL SHERRY L. MIFSUD OFFICE ADMINISTRA TOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION WITH CONDITION Case No. 15-73-GA
Notice Issued: March 14,2017 Thomas J. Shannon, P 35152, Grosse Pointe, Michigan, by the Attorney Discipline Board increasing discipline from suspension to disbarment and affirming restitution with condition.
Disbarred, Effective August 27,2016. 1 Respondent was found to have engaged in the misconduct alleged in the two count formal complaint. Specifically, he accepted a retainer after an order of discipline was entered, in violation of MCR 9.119(0); failed to notify his client of his suspension, in violation of MCR 9.119(A); failed to file with the tribunal and all parties in contested litigation a notice of disqualification from the practice of law, in violation of MCR 9.119(B); held himself out as an attorney, in violation of MeR 9.119(E)(4); violated an order of discipline, in violation of MCR 9.104(9); engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on his honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b); and made a materially false statement in an affidavit of compliance, in violation of MCR 9.123(A). Respondent was also found to have violated MRPC 8.4(a) and (c), and MCR 9.104(1)-(4).
The panel ordered that respondent be suspended for 2 % years from the practice of law in Michigan, that respondent be subject to a condition relevant to the establish misconduct, and that respondent pay restitution totaling $1,500. The Grievance Administrator filed a petition for review seeking an increase in discipline. Respondent also filed a petition for review seeking a reduction in the discipline imposed, which was dismissed for his failure to file a brief in support. The Board, upon review, increased the hearing panel's order of discipline to disbarment and affirmed the restitution and condition ordered by the hearing panel. Total costs were assessed in the amount of $2,192.57.
1 On September 18, 2015, the hearing panel issued an order suspending respondent from the practice of law based on his claim of physical incapacity as a reason for his inability to appear for hearing. Respondent failed to provide the medical documentation as ordered by the panel in its September 3,2015 order. That suspension went into effect on September 21, 2015. Please see Notice of Interim Suspension Pursuant to MeR 9.115(H)(2l, issued September 23, 2015.