MEMBERS JAMES M. CAMERON, JR.
CHAIRPERSON CRAIG H. LUBBEN VICE·CHAiRPERSON SYLVIA P. WHITMER, Ph.D.
SECRETARy' ROSALIND E GRIFFIN, M.D.
CARL E. VER BEEK LAWRENCE G. CAMPBELL DULCE M. FULLER LOUANN VAN DER WIELE MICHAEL MURRAY
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 ADMINISTRA TOR JENNIFER M. PETTY PARALEGAL
KATHLEEN PHILLIPS CASE MANAGER ALLYSON M. PLOURDE CASE MANAGER JULIE M. LOISELLE RECEPTIONIST
FINAL NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION (By Consent)
Case Nos. 13-61-GA; 14-48-GA Notice Issued: August 22, 2014
Thomas W. Deprekel, P 31223, Bay City, Michigan, by the Attorney Discipline Board Tri-Valley Hearing Panel #3, upon remand.
1 . Suspension - 180 Days 2. Effective August 22,2014 1 The panel ordered that respondent be disbarred from the practice law in Michigan, effective October 16, 2013, and pay restitution in the amount of $7,662.50. Respondent filed a petition for review, along with a request for a stay of discipline. The Grievance Administrator filed an objection to respondent's request for stay of discipline, along with a motion to dismiss the petition for review. The Attorney Discipline Board denied both the respondent's request for a stay of discipline and the Grievance Administrator's motion to dismiss the petition for review and remanded the matter to the
hearing panel to provide respondent an opportunity to file a motion to set aside the default. On November 8, 2013, respondent filed a motion to set aside the default and order of disbarment and
restitution and the Grievance Administrator filed its concurrence that the default should be set aside.
Tri-Valley Hearing Panel #3 set aside the default, as well as the order of disbarment and restitution. and ordered that respondent's license to practice law in Michigan be suspended pursuant to MCR 9.115(H)(2) until further order of the panel or board.
On June 11, 2014, the respondent and the Grievance Administrator filed a Second Amended 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. Respondent pleaded no contest to the allegations that he failed to act with diligence and promptness, in violation of MRPC 1.3; failed to keep his clients reasonably informed of the status of their matters, in violation of MRPC 1.4(a); failed to explain matters to his clients to the extent necessary to permit the clients to make informed decisions regarding their representation, in violation of MRPC 1.4(b); failed to hold a client's property separate from his own property, in
violation of MRPC 1.1S(d); failed to provide competent representation, in violation of MRPC 1.1; neglected four client matters, in violation of MRPC 1.1 (c); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3; and failed to refund an unearned advance fee in three matters, in violation of MRPC 1.16(d). The panel further found that respondent's conduct violated MRPC 8.4(a) and MCR 9.104(2)-(4).
1 Respondent has been continuously disqualified from the practice of law in Michigan since October 16, 2013, under the panel's September 24, 2013 order of disbarment and restitution and remained so under the panel's November 20, 2013 order of interim suspension pursuant to MCR 9.115(H)(2).
August 22, 2014
OF MICHIGAN. ATIORNEY DISCIPLINE BOARD
Page 2
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law be suspended for 180 days, effective August 22, 2014, and that he pay restitution in the aggregate amount of $3,630.00. The panel further ordered that respondent shall be subject to conditions relevant to the alleged misconduct. Total costs were
assessed in the amount of $1,231.44.
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~a~ Mark A. Armitage
AUG 2 2 2014 Dated: _______