MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM VICE-CHAIRPERSON WILLIAM L. MATTHEWS, CPA SECRETARY ANDREA L. SOLAK ROSALIND E. GRIFFIN, M.D. 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 WEST FORT ST. SUITE 1410 DETROIT 6MICHIGAN 48226-3236 PH NE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF REVOCATION AND RESTITUTION Case Nos. 08-44-GA; 08-72-FA Notice Issued: October 27,2010 Russell L. Swarthout, P 21193, Detroit, Michigan, by Attorney Discipline Board Tri-County Hearing Panel #14. 1 . Revocation 2. Effective June 24,20101 The respondent appeared at the public hearing, but was found to be in default for his failure to file an answer to the formal complaint. Based on that default, the panel found that respondent failed to seek his client's lawful objectives; failed to keep his client informed about the status of his matter; failed to comply with reasonable requests for information from his client; failed to properly account for the funds he received from his client; and entered into an improper agreement to split
fees with a non-lawyer. Respondent was also found to have knowingly failed to respond to a lawful demand for information from a disciplinary authority; and failed to fully and fairly answer a request
for investigation.
Respondent's conduct was in violation of MCR 9.1 04(A)(1 )-(4) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.2(a); 1.4(a); 1.15(b )(3); 5.4(a); 8.1 (a)(2); and 8.4(a) and (c).
The hearing panel ordered that respondent's license to practice law in Michigan be revoked and that he pay restitution in the amount of $55,100.00.
Respondent filed a petition for review and, upon review, the Attorney Discipline Board affirmed the hearing panel's order of revocation and restitution in its order issued on September 24, 2010. Total costs were assessed in the amount of $4,341.09.
Dated:UCT 2 7 2010
1 Respondent has been continuously suspended from the practice in law in Michigan since July 18, 2006. See Notice of Interim Suspension issued July 19, 2006.