MEMBERS THOMAS G. KIENBAUM CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY CARL E. VER BEEK CRAIG H. LUBBEN SYLVIA P. WHITMER, Ph.D 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. PETIY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
NOTICE OF REPRIMAND (By Consent)
Case No. 12-121-GA Notice Issued: January 21, 2013 David J. Nickola, P 43203, Flint, Michigan, by the Attorney Discipline Board Genesee County Hearing Panel #2.
1. Reprimand 2. Effective December 27, 2012 The respondent and the Grievance Administrator submitted a stipulation for consent order of discipline in accordance with MCR 9.115(F)(5). The stipulation was approved by the Attorney Grievance Commission and was accepted by the hearing panel. The stipulation contains respondent's plea of nolo contendere to the allegations, that, as a result of his actions, he engaged in professional misconduct by undertaking the representation of a client that was or could have been materially limited by his own interest; in violation ofMRPC 1.7(b); failing to withdraw when the representation would result in violation of the Rules of Professional Conduct, in violation of MRPC 1.16(a); pursuing an objective that the attorney considers imprudent, in violation of 1/16(b); failing to render candid advice to his client, in violation of MRPC 2.1; engaging in conduct prejudicial to the administration of justice, in violation of MCR 9.1 04(a); exposing the legal profession or the courts to obloquy, contempt, censure or reproach, in violation of MCR 9.104(2); engaging in conduct that is contrary to justice, ethics, honesty orgood morals, in violation of MCR 9.140(3); and violating or attempting to violate the Rules of Professional Conduct, contrary to MRPC 8.4(a) and MCR 9.104(4).
The stipulation was approved by the hearing panel and, in accordance with the agreement of the parties, the panel ordered that the respondent be reprimanded. Costs were assessed in the amount of $1,137.46.
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