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 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 SHERRY L. MIFSUD OFFICE ADMINISTRATOR JENNIFER M. PETTY PARALEGAL
KATHLEEN PHILLIPS CASE MANAGER ALLY SON M. PLOURDE CASE MANAGER JULIE M. LOISELLE RECEPTIONIST
www.adbmich.org
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 14-78-GA Notice Issued: February 25, 2015 James M. O'Briant, P 41156, East Lansing, Michigan, by the Attorney Discipline Board Ingham County Hearing Panel #4. 1. Suspension - One Year 2. Effective January 21,, 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 admissions, the panel found that respondent, in four separate legal matters, neglected the matters, in violation of MRPC 1.1 (c); failed to seek the lawful objectives of his clients, in violation of MRPC 1.2(a); and failed to act with reasonable diligence and promptness, in violation of MRPC 1.,3. In three of those four legal matters, respondent failed to keep his clients reasonably informed about the status of their matters,
in violation of MRPC 1.4(a); and failed to explain the matters to the extent reasonably necessary to permit his clients to make informed decisions regarding their representation, in violation of MRPC 1.4(b). In one of those four matters, respondent failed to take reasonable steps to protect his client's interests upon termination of the representation, in violation of MRPC 1.16(d). In a fifth legal matter, respondent entered into a business transaction with his client where: a) the terms were not fully disclosed and transmitted to the client in writing; and b) the client did not consent thereto in writing, in violation of MRPC 1.8(a)(1) and (3). The panel further found that respondent violated MRPC 8.4(a) and (c); and MCR 9.104(1 )-(4).
The hearing panel ordered that respondent's license to practice law in Michigan be suspended for one year, effective January 21, 2015, as stipulated by the parties, and that he pay restitution in the aggregate amount of $18,000.00. Total costs were assessed in the amount of
$806.47.
/k~ Mark A. Armitage
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