MEMBERS THOMAS G. KIENBAUM
CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN SYLVIA P. WHITMER, Ph.D LAWRENCE G. CAMPBELL DULCE M. FULLER
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 Case No. 11-79-GA Notice Issued: May 29, 2012
David K. Wenger, II, P 23078, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #7.
1. Suspension - 90 Days 2. Effective May 24, 2012 Respondent failed to file an answer to the formal complaint and a default was entered against him. Based on respondent's default, the panel found that respondent, in one immigration matter, failed to deposit legal fees and expenses paid in advance into a client trust account, in violation of MRPC 1.15(g); and failed to hold client property separate from his own in a separate account, in violation of MRPC 1.15(b)(3). In three other immigration matters, respondent neglected these three matters, in violation of MRPC 1.1 (c); failed to seek his clients' legal objectives, in violation of MRPC 1.2(a); and failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3. In one of these matters, respondent failed to provide competent representation for his client, in violation of MRPC 1.1. In all four matters, respondent failed to promptly refund an advanced payment of fees that had not been earned, in violation of MRPC 1.16(d ); violated or attempted to violate the Rules of Professional Conduct, contrary to MRPC 8.4(a); engaged in conduct that exposes the legal profession to obloquy, contempt, censure, or reproach, in violation of MCR 9.1 04(A)(2); and engaged in conduct that is contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.140(A)(3).
The panel ordered that respondent's license to practice law in Michigan be suspended for 90 days and that respondent pay restitution in the amount of $2,000.00. Total costs were assessed in the amount of $1 ,914.16.
Dated: ___________________