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
NOTICE OF SUSPENSION WITH CONDITIONS (By Consent) Case No. 13-106-GA Notice Issued: December 16,2013 Marc S. Schwartz, P 27054, Southfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #80.
1. Suspension - 30 Days 2. Effective December 14, 2013 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 panel found that respondent held funds other than client or third person funds in an IOL TA account, in violation of MRPC 1.15(a)(3); deposited his own funds into an IOLT A account in excess of an amount reasonably necessary to pay financial institution service charges or fees or to obtain a waiver of service charges or fees, in violation of MRPC 1.15(f); failed to provide information requested in four separate items of correspondence sen/ed upon him by the Grievance Administrator, in violation of MRPC 8.1 (a)(2; and failed to appear at the office of the Attorney
Grievance Commission for a sworn statement, as commanded by a subpoena, in violation of MCR 9.112(0)(2) and MRPC 8.1 (3)(2). The panel also found that respondent violated MRPC 8.4(a) and
MCR 9.104(2)-(4). In entering the finding of misconduct, the panel acknowledged paragraph two of the stipulation which stated:
2.
Petitioner [Grievance Administrator] has no evidence that Respondent improperly used, converted or misappropriated any client funds.
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice in Michigan be suspended for 30 days and that he be subject to a condition relevant to the alleged misconduct. Costs were assessed in the amount of $792.30.
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Dated: _ D_EC_ 1_6_ J_iG__