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
FINAL NOTICE OF DISBARMENT Case No. 12-17-GA Notice Issued: June 28, 2013 Mark J. Tyslenko, Jr., P 62987, Mt. Pleasant, Michigan, by the Attorney Discipline Board, increasing discipline from a 45-day suspension with conditions to disbarment.
1. Disbarred. 2. Effective June 28, 2013. Respondent filed an answer to the formal complaint and appeared at the hearing. As charged in the formal complaint, and established by respondent's admissions, the panel found that respondent retained and converted fees owed to his employer for his own personal use. Specifically, the panel found that respondent failed to notify a third person when funds in which that person has an interest were received, in violation of MRPC 1.15(b)(1); failed to promptly payor deliver funds that a third person was entitled to receive, in violation of MRPC 1.1 5(b)(3); failed to hold property of clients separate from his own property, in violation of M RPC 1.15(d ); and failed to deposit legal fees and expenses paid in advance into a client trust account, in violation of MRPC 1.15(g). The panel also found that respondent violated MRPC 8.4(a) and (b) and MCR 9.104(2) (4).
The panel ordered that respondent's license to practice law in Michigan be suspended for 45 days and that he be subject to conditions relevant to the established misconduct.
The Grievance Administrator filed a petition for review and, on May 1, 2013, the Attorney Discipline Board issued its order and opinion vacating the hearing panel's order and increasing discipline to disbarment. Respondent filed a motion for reconsideration which was denied by the Board on May 30,2013. Total costs were assessed in the amount of $2,094.47.
Dated:__________
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