MEMBERS LOUANN VAN DER WIELE CHAIRPERSON LAWRENCE G. CAMPBELL VICE-CHAIRPERSON
DULCE M. FULLER SECRETARY
ROSALIND E. GRIFFIN, M.D. MICHAEL MURRAY
JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH
BARBARA WILLIAMS FORNEY
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
211 WEST FORT STREET, SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313ยท963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
JENNIFER M. PETTY PARALEGAL
ALLY SON M. PLOURDE CASE MANAGER
JULIE M. LOISELLE CASE MANAGER
www.adbmich.org
NOTICE OF SUSPENSION (By Consent)
Case No. 15-83-GA Notice Issued: March 9,2016 Bernard M. Cohen, P 12013, Royal Oak, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #63.
1. Suspension - 179 Days 2. Effective March 9,2016 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based upon the stipulation, the panel found that respondent neglected a legal matter, in violation of MRPC 1.1 (c); failed to seek the lawful objectives of a client, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter, in violation of MRPC 1.4(a); failed to explain a matter to a client to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of 1.4(b); held funds other than client or third person funds in an IOlT A, in violation of MRPC 1.15(a)(3); deposited his own funds into an IOlTA in an amount more than reasonably necessary to pay financial institution charges or fees, in violation of MRPC 1.15(f); failed to release a client file upon termination of representation, in violation of MRPC 1.16(d); failed to make reasonable efforts to expedite litigation consistent with the interests of a client, in violation of MRPC 3.2; failed to timely answer requests for investigation issued by the Grievance Administrator, in violation of MRPC 1.15A(f) and MCR 9. 10 4(A)(7); and failed to fully and fairly disclose the facts and circumstances pertaining to the alleged misconduct, in violation of MCR 9.113(A). The hearing panel also found that respondent violated MRPC 8.4(a) and (c), and MCR 9.104(1)-(3).
The panel further acknowledged paragraph eight of the stipulation which stated: 8. The parties further agree that during the period in question, no client trust check was dishonored, nor were any funds received on behalf of a client ever withheld.
March 9, 2016
STATE OF MICHIGAN. ATTORNEY DISCIPLINE BOARD
Page 2
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be suspended from the practice of law in Michigan for 179 days. Costs were assessed in the amount of $898.23.
' /
]~~ ,--. ." {L~ .. -==t -, ~ / - / Mark A Armitage
Dated: ________