MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR. VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY KAREN D. O’DONOGHUE LINDA S. HOTCHKISS, MD
MICHAEL S. HOHAUSER PETER A. SMIT ALAN GERSHEL LINDA M. ORLANS
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
MARK A. ARMITAGE EXECUTIVE DIRECTOR — WENDY A. NEELEY DEPUTY DIRECTOR — KAREN M. DALEY ASSOCIATE COUNSEL — SHERRY MIFSUD OFFICE ADMINISTRATOR —
ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER — JULIE M. LOISELLE RECEPTIONIST/SECRETARY —
DETROIT, MICHIGAN 48226-3147
PHONE: 313-963-5553
www.adbmich.org
NOTICE OF REPRIMAND (By Consent)
Case No. 21-22-GA Notice Issued: September 8, 2021 Bertram L. Marks, P 47829, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #3
Reprimand, Effective September 8, 2021 Respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline, pursuant to MCR 9.115(F)(5), that was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based upon respondent’s admissions, the panel found that respondent committed professional misconduct as the result of his improper use of an IOLTA account from September 24, 2019 through February 11, 2020.
Specifically, and in accordance with the parties’ stipulation, the panel found that respondent held funds other than client or third person funds in an IOLTA, in violation of MRPC 1.15(a)(3); deposited his own funds into an IOLTA in an amount more than reasonably necessary to pay financial institution service charges or fees, in violation of MRPC 1.15(f); engaged in conduct that exposed the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2); engaged in conduct that was contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3); and, engaged in conduct that was in violation of the Rules of Professional Conduct, in violation of MRPC 8.4(a).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be reprimanded. Costs were assessed in the amount of $764.90.