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. 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 (Pending Appeal)
Case No. 12-20-GA Notice Issued: October 24, 2012 David A. Monroe, P 44418, Brighton, Michigan, by the Attorney Discipline Board Livingston County Hearing Panel #1.
1. Disbarment 2. Effective October 18, 2012 Respondent filed answers to the formal complaint and first amended formal complaint. Respondent also appeared at the public hearings. At the conclusion of those hearings, the panel found that respondent neglected the legal matters of seven clients, in violation of MRPC 1.1 (c); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.13; failed to appropriately safeguard a client's property, in violation of MRPC 1.15(d); failed to keep his clients reasonably informed about the status of their matters, in violation of MRPC 1.4(a); and made a misrepresentation to a client, in violation of MRPC 8.4(b). The panel also found that respondent, in six legal matters, failed to return unspent costs and unearned fees paid in advance upon the termination of his representation, in violation of MRPC 1.15(b)(3) and 1.16(d); and failed to deposit expenses which were paid in advance into his client trust account, in violation of MRPC 1.15(g). The panel further found that respondent failed to hold the property of his client separate from his own funds and failed to deposit said funds into his trust account, in violation of MRPC 1.15(d); charged an excessive fee in three legal matters, in violation of MRPC 1.5(a); failed to notify a client when funds in which the client had an interest were received, in violation of MRPC 1.15(b)(1); failed to promptly pay or deliver client funds to his client, in violation of MRPC 1.15(b)(3); failed to properly supervise non-lawyer assistants, in violation of MRPC 5.3(b) and (c); and failed to make reasonable efforts to ensure that a nonlawyer subordinate's conduct is compatible with his
professional obligations, in violation of M RPC 5. 3(b). Finally, the panel found that respondent failed to answer 11 requests for investigation served upon him by the Grievance Administrator, in violation of MCR 9.104(7); engaged in conduct in violation of the Rules of Professional Conduct, contrary to MRPC 8.4(a) and MCR 9.104(4); and engaged in conduct that exposed the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2).
The hearing panel ordered that respondent be disbarred from the practice of law in Michigan. Respondent filed a petition for review and a request for a stay of discipline. The Attorney Discipline Board denied respondent's motion for stay of discipline, but stayed the payment of costs pending completion of the review proceedings to be scheduled for hearing before the Attorne Discipline Board.
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