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 DERWIELE

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 DETROI1. MICHIGAN 48226-3236 PHuNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG

NOTICE OF DISBARMENT AND RESTITUTION WITH CONDITIONS (By Consent)

Case Nos. 13-8-GA; 13-63-GA Notice Issued: July 18, 2013 ThomasA. White, P47887, Belleville, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #7.

1. Disbarment 2. Effective July 1S, 2013 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.11S(F)(S), 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 respondent failed to refund an advance payment of fee that was not earned, in violation of MRPC 1.16(d); failed to promptly payor deliver funds that a client or third

person was entitled to receive, in violation of MRPC 1.1 (b)(3); neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to seek the client's lawful objectives through reasonably

available means permitted bylaw, in violation of MRPC 1.2(a); counseled a client to engage in, or assisted a client to engage in, conduct the lawyer knows is illegal or fraudulent, in violation of MRPC1.2(c); failed to act with reasonable diligence and promptness in representing the client, in

violation of MRPC 1.3; failed to keep a client reasonably informed of the status of a matter, in violation of MRPC 1.4(a); failed to explain a matter to a client to the extent necessary to permit the

client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); charged or collected a clearly excessive fee, in violation of MRPC 1.5(a); failed to communicate the basis or rate of the fee to the client before or within a reasonable time after commencing the representation, in violation of MRPC 1.S(b); entered into a business transaction with a client where the terms of the transaction were not fair and reasonable to the client, in violation of MRPC

1.8(a)(1); entered into a business transaction with a client without giving the client a reasonable opportunity to seek the advice of independent counsel, in violation of MRPC 1.8(a)(2); failed to promptly notify a client when funds or property in which a client has an interest was received, in violation of MRPC 1.1S(b)(1); failed to promptly payor deliver funds or other property that the client

was entitled to receive, in violation of MRPC 1.1S(b)(2); failed to timely deposit and maintain property of his client or third persons in an IOLTA account and failed to hold property of his clients or third persons separate from his own, in violation of MRPC 1.1S(d); and brought a proceeding, or asserted an issue therein, where the basis for doing so was frivolous, in violation of MRPC 3.1. The panel also found that respondent violated MRPC 8.4(a)-(c); and MCR 9.104(1 )-(4).

In accordance with the stipulation of the parties, the hearing panel ordered that respondent be disbarred from the practice of law in Michigan and pay restitution in the aggregate amount of

$333,604.67. Respondent was also ordered to be subject to a condition relevant to the alleged misconduct. Costs were assessed in the amount of $1 ,801.53.

 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.