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
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553
FAX: 313-963-5571
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION Case No. 12-41-GA Notice Issued: October 15, 2012 Ray G. Tallerday, P 30233, Adrian, Michigan, by the Attorney Discipline Board Washtenaw County Hearing Panel #5.
1 . Suspension - 18 Months 2. Effective October 12, 2012 Respondent did not appear at the hearing and was found to be in default for failing to file an answer to the formal complaint. Based on respondent's default, the panel found that respondent, in six matters, had committed professional misconduct by neglecting those matters, in violation of MRPC 1.1; failing to act with reasonable diligence and promptness, in violation of MRPC 1.3; and failed to keep his clients reasonably informed about the status of their matters, in violation of 1.4(1). In four of those matters, the panel found that respondent had failed to refund any advanced payment of fee that was not earned upon termination of representation, in violation of MRPC 1.16(d); knowingly failed to respond to a lawful demand for information from a disciplinary authority, in violation of MCR 8.1 (a)(2); and in one matter, failed to return papers and property to which his client was entitled, in violation of MRPC 1.16(d). The panel also found that respondent failed to answer a request for investigation, in violation of MCR 9.104(7) and MCR 9.113(A) and (b)(2); engaged in conduct in violation of MRPC 8.4(a) and MCR 9.104(4); engaged in conduct that is prejudicial to the administration of justice, in violation of MRPC 8.4(c) and MCR 9.104(1); engaged in conduct that exposes the legal profession orthe courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2); engaged in conduct that is contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3); and engaged in conduct that violates the Standards or Michigan Rules of Professional Responsibility adopted by the Supreme Court, in violation of MCR 9.104(4) and MRPC 8.4(a).
The hearing panel ordered that respondent's license to practice law be suspended for 18 months and that he pay restitution in the aggregate amount of $4,874.00. The panel also ordered that respondent be subject to a condition relevant to the established misconduct. Total costs were assessed in the amount of $1,763.60.