Notices

Decision Information

Decision Content

MEMBERS THOMAS G. KIENBAUM CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON SYLVIA P. WHITMER, Ph.D.

SECRETARY ROSALIND E. GRIFFIN, M.D. CARL E. VER BEEK CRAIG H. LUBBEN LAWRENCE G. CAMPBELL

DULCE M. FULLER LOUANN VAN DER WIELE

STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD

JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR

JENNIFER M. PETTY LEGAL ASSISTANT

211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571

WWW.ADBMICH.ORG

NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (By Consent)

Case No. 13-43-GA Notice Issued: September 17, 2013 William A. Winshall, P 22447, West Bloomfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #79.

1. Suspension - Two Years 2. Effective October 1, 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 hearing panel found that, with respect to one bankruptcy matter, respondent failed to provide competent representation to his clients, in violation of MRPC 1.1; neglected the legal matter, in violation of MRPC 1.1 (c); failed to seek his clients' lawful objectives through reasonably available means permitted by law, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3; failed to deposit costs paid in advance into a client trust account, in violation of MRPC 1.15(g); failed to hold his clients' funds in connection with a representation separate from his own funds by failing to deposit the costs paid in advance into a client trust account, in violation of MRPC 1.15(d); and misappropriated the fee and costs paid and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, in violation of MRPC 8.4(b). Additionally, in a second bankruptcy matter, respondent failed to adequately communicate with his client, in violation of MRPC 1.4(a) and (b); failed to deposit legal fees and costs paid in advance into a client trust account, in violation of MRPC 1.15(g); and failed to hold his client's funds in connection with a representation separate from his own funds by failing to deposit the fees and costs paid in advance into a client trust account, in violation of MRPC 1.15(d). Finally, the panel found that respondent, in a divorce matter, neglected his client's legal matter, in violation of MRPC 1.1 (c); and failed to act with promptness in representing his client, in violation of MRPC 1.3. In addition to the above violations, respondent was also found to have violated MRPC 8.4(a) and MCR 9.104(2)-(4).

In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for two years, commencing October 1, 2013, and that he pay restitution in the aggregate amount of $3,898.00. The panel also ordered that respondent be subject to a condition relevant to the alleged misconduct. Costs were assessed in the amount of $1,114.97.

John F. V n olt Dated: SiP 17 Jn3

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.