MEMBERS LAWRENCE G. CAMPBELL VICE-CHAIRPERSON DULCE M. FULLER SECRETARY ROSALIND E. GRIFFIN, M.D. LOUANN VAN DERWIELE MICHAEL MURRAY JAMES A. FINK JOHN W. INHULSEN
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
JENNIFER M. PETTY PARALEGAL
KATHLEEN PHILLIPS CASE MANAGER
ALLY SON M. PLOURDE CASE MANAGER
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
JULIE M. LOISELLE RECEPTIONIST
www.adbmich.org
NOTICE OF DISBARMENT AND RESTITUTION Case No. 15-66-GA Notice Issued: November 13,2015 Gary S. Fields, P 48799, Bloomfield Hills, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #71.
1. Disbarred 2. Effective November 13, 2015 Respondent was in default for failing to file an answer to the formal complaint but he did appear at the public hearing with a stipulation for consent discipline which was accepted by the panel .. Based on respondent's plea of no contest to the allegations of misconduct in the formal complaint, the panel found that respondent, in five matters, failed to communicate with his clients, in violation of MRPC 1.4(a) and (b); and charged and collected an excessive or illegal fee, in violation of MRPC 1.5(a). In three other matters, respondent neglected his clients' legal matters, in violation of MRPC 1.1 (c); failed to hold client and third party funds in connection with a representation separate from the lawyer's funds and failed to deposit the client and third party funds into an IOLT A or non-IOLT A, in violation of MRPC 1.15( d); failed to return the unearned portion of the advance payment of fee, in violation of MRPC 1.16(d); and engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b). In two matters, respondent failed to promptly payor deliver any funds that the client or third person was entitled to, in violation of MRPC 1.15(b)(3). Finally, the panel found that respondent failed to communicate the basis and rate of his fee, in violation of MRPC 1.5(b); and failed to reduce the contingent fee agreement to a writing, in violation of MRPC 1.5(c). The panel also found that respondent violated MRPC 8.4(c) and MCR 9.104(1 )-(3).
Based on the stipulation of the parties, the panel ordered that respondent be disbarred from the practice of law in Michigan and that he pay restitution in the aggregate amount of $49,775.60. Costs were assessed in the amount of $2,357.53.
~a~~ Mark A. Armitage ~ Dated: ~V j -3 2015