+MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY WILLIAM L. MATTHEWS ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN JAMES M. CAMERON, JR. SYLVIA P. WHITMER, Ph.D
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETTY LEGAL ASSISTANT
211 WESTFORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
NOTICE OF SUSPENSION WITH CONDITION (By Consent)
Case No. 10-69-GA Notice Issued: August 17, 2011 David Scott Del Boccio, P 64042, Doha, Doha, Qatar, by the Attorney Discipline Board Tri-County Hearing Panel #28.
1. Suspension - One Year 2. Effective August 16, 2011 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline in accordance with MCR 9.115(F)(5) which was approved by the Attorney Grievance Commission and accepted by the hearing panel. Respondent admitted that he failed to promptly payor deliver funds that a third person was entitled to receive; and knowingly disobeyed an obligation under the rules of a tribunal.
Respondent's conduct was in violation of MCR 9.1 04(A)(1) and (2); and Michigan Rules of Professional Conduct 1.15(b)(3); 3.4; and 8.4(a) and (c).
Based upon the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for one year. Additionally, the panel ordered that respondent be subject to a condition relevant to the admitted misconduct and assessed costs in the amount of $810.31.
. ~AUG 17 2OTf: Dated:_"_ _________
STATE OF MICHIGAN Attorney Discipline Board
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission, Petitioner, v DAVID SCOTT DELBOCCIO, P 64042, Respondent. ______________________________________________________________________________I
Case No. 10-69-GA
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REPORT OF TRI-COUNTY HEARING PANEL #28 PRESENT: Alan M. Gershel, Chairperson Lambro Niforos, Member Avery K. Williams, Member
APPEARANCES:
Wendy A. Neeley, Senior Associate Counsel, for the Attorney Grievance Commission
Philip J. Thomas, for the Respondent
I. PANEL PROCEEDINGS On June 23, 2010, the Grievance Administrator filed Formal Complaint 10-69-GA, alleging that respondent committed professional misconduct by failing to promptly pay or deliver funds that a third person isentitled to receive; knowingly disobeying an obligation under the rules of a tribunal; failing to answer a request for investigation; knowingly failing to respond to a lawful demand for information from a disciplinary authority; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, where such conduct reflects adversely on the lawyers honesty, trustworthiness, or fitness as a lawyer; engaging in conduct prejudicial to the proper administration ofjustice; engaging in conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach; engaging in conduct that is contrary to justice, ethics, honesty or good morals; violating or attempting to violate the Rules of Professional Conduct; and engaging in conduct that violates the standards or rules of professional responsibility adopted by the Supreme Court.
On June 14, 2011, the parties submitted a stipulation for a consent order of discipline pursuant to MCR 9.11 5(F)(5). The stipulation contains respondents admission of the allegations that he failed to promptly pay or deliver funds that a third person is entitled to receive; knowingly disobeyed an obligation under the rules of a tribunal; engaged in conduct prejudicial to the proper administration of justice; engaged in conduct that exposes the legal profession or the courts to
and
obloquy, contempt, censure, or reproach; and violated or attempted to violate the Rules of Professional Conduct. The parties agreed that the remaining allegations in Count One and all of Count Two be dismissed with prejudice and that respondents license to practice law in Michigan be suspended for one year with the condition that respondent attend the Tips and Tools seminar offered by the State Bar of Michigan prior to being reinstated to the practice of law.
The hearing panel has considered the stipulation and has concluded that it is reasonable is consistent with the goals of these discipline proceedings.
II. FINDINGS AND CONCLUSIONS REGARDING MISCONDUCT Based on respondents admissions, the panel finds that respondent committed professional misconduct in violation of MCR 9.104(A)(1) and (2); and Michigan Rules of Professional Conduct 1.15(B)(3); 3.4; and 8.4(a) and (c).
Ill. REPORT ON DISCIPLINE The stipulation for consent discipline contains the parties assertion that a suspension is the appropriate discipline to be imposed under ABA Standard 4.12, which states:
Suspension is generally appropriate when a lawyer knows or should know that he is dealing improperly with client property and causes injury or potential injury to a client.
Additionally, the parties also cited ABA Standard 6.22 as applicable: Suspension is generally appropriatewhen a lawyerknows that he or she is violating a court order or rule, and causes injury or potential injury to a client or a party, or causes interference or potential interference with a legal proceeding.
victim;
Finally, the parties identified the following aggravating factors: Standard 9.22(h) - vulnerability of and Standard 9.22(j) - indifference in making restitution. Relevant mitigating factors were identified as Standard 9.32(a) - absence of a prior disciplinary record; Standard 9.32(b) - absence of a dishonest or selfish motive; and Standard 9.32(l) - remorse.
The hearing panel, in accordance with the stipulation of the parties, will order that respondents license to practice law in Michigan be suspended for a period of one year and that he be required to attend the Tips and Tools seminaroffered by the State Bar of Michigan prior to being reinstated to the practice of law.
IV. SUMMARY OF PRIOR MISCONDUCT None.
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V. ITEMIZATION OF COSTS Attorney Grievance Commission: (See Itemized Statement filed 07/07/11) Attorney Discipline Board Conference Call 08/23/10 Conference Call 10/01/10 Conference Call 11/01/10 Conference Call 05/09/11
Administrative Fee
TOTAL:
$ $ $ $ $
$ $
48.58
4.15 1.99 1.60 3.99
750.00 810.31
ATTORNEY DISCIPLINE BOARD Tn-County Hearing Panel #28
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By:
________ Alan M. Gershel, Chairperson
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