MEMBERS JAMES M. CAMERON, JR. CHAIRPERSON LAWRENCE G. CAMPBELL VICE-CHAIRPERSON DULCE M. FULLER SECRETARY ROSALIND E. GRIFFIN, M.D. SYLVIA P. WHITMER, Ph.D LOUANN VAN DER WIELE MICHAEL MURRAY JAMES A. FINK JOHN W. INHULSEN
STATE OF MICIUGAN 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
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
JENNIFER M. PETTY PARALEGAL
KATHLEEN PHILLIPS CASE MANAGER ALL YSON M. PLOURDE CASE MANAGER
JULIE M. LOISELLE RECEPTIONIST www.adbmich.org
NOTICE OF DISBARMENT (By Consent)
Case No. 14-68-GA Notice Issued: March 13, 2015 Michael Aho Kennedy, P 24034, Petoskey, Michigan, by the Attorney Discipline Board Emmet County Hearing Panel #2.
1. Disbarment 2. Effective March 13, 2015 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 on respondent's plea of no contest, the hearing panel found that respondent failed to promptly notify his client when funds in which the client had an interest were received, in violation of MRPC 1.15(b)(1); failed to promptly payor deliver any funds that the client was entitled to receive, in violation of MRPC 1.15(b) (3); failed to hold his client's property separate from his own property and failed to identify and appropriately safeguard his client's funds, in violation of MRPC 1.15(d); knowingly disobeyed an obligation under the rules of a tribunal, in violation of MRPC 3.4(c); 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, contrary to MRPC 8.4(b); engaged in conduct that violates a criminal law of a state or of the United States, including but not limited to MCl 750.174 (embezzlement), and MCR 750.362 (larceny by conversion), contrary to MCR 9.104(5); and breached his fiduciary duties under the Estate and Protected Individuals Code as a Trustee, in violation of MCl 700.1308 (breach of fiduciary duty), MCl 700.1502 (prudent investor rule), Mel 700.1506 (invest and manage fiduciary assets solely in the interest of beneficiaries), Mel 700.7801 (administer trust in good faith), MCl 700.780~ (duty of loyalty), and Mel 700.7803 (prudent investor rule applicable to trust). The panel also found that respondent violated MRPC 8.4(a) and MeR 9.104(2)-(4).
I n accordance with the stipulation of the parties, the hearing panel ordered that respondent be disbarred from the practice of law in Michigan. Costs were assessed in the amount of $1,141.71.
/Z~9"~---) Mark A. Armitage ~
Dated:
r(.ru( 1 3 2015