MEMBERS LOUANN VAN DERWIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S. HOTCHKISS, MD
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 RECEPTIONISTISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION Case No. 17-109-GA Notice Issued: June 13, 2018 Barry A. Steinway, P 24137, West Bloomfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #61.
Disbarred, Effective August 26, 20221 Based on respondent's default, the hearing panel found that respondent committed professional misconduct in his representation of Metro Auto Sales LLC, as to an insurance claim against ProCentury Insurance and that he failed to answer a request for investigation.
The panel found that respondent held funds other than client or third party funds in an IOLT A, in violation of MRPC 1.15(a)(3); failed to promptly notify his clients when the settlement check was received, in violation of MRPC 1.15(b)(1); failed to promptly payor deliver the settlement proceeds that his clients were entitled to receive, in violation of MRPC 1.15(b)(1); failed to keep his personal funds separate from client funds and/or disputed funds, in violation of MRPC 1.15(c); failed to safeguard the funds of clients in connection with a representation by failing to separate them from respondent's own property, in violation of MRPC 1.15(d); used an IOL TA as a personal and/or business checking account, and wrote checks and made electronic transfers directly from the IOLT A in payment of personal and/or business expenses, in violation of MRPC 1.15(c ) and (d); knowingly failed to respond to a lawful demand for information from a disciplinary agency, in violation of MRPC 8.1 (a)(2); and failed to answer a Request for Investigation, in violation of MCR 9.104(7), MCR 9.113(A), and MCR 9.113(B)(2). Respondent was also found to have violated MCR 9.104(1)-(4); and MRPC 8.4(a)-(c).
The panel ordered that respondent be disbarred from the practice of law in Michigan and that he be required to pay restitution in the amount of $19,500 to Metro Auto Sales, LLC, or its successor in interest, if that entity is no longer active at the time restitution is made. Costs were assessed in the amount of $2,397.28.
~~~2 Mark A. Armitage
Executive Director
1 The disbarment in this matter is to run concurrent to respondent's disbarment effective August 25, 2017, in Grievance Administrator V Barry A. Stein way, 17-5-GA.