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, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
NOTICE OF SUSPENSION WITH CONDITIONS AND NOTICE OF AUTOMATIC REINSTATEMENT
Case No. 07-83-GA Notice Issued: October 27,2009 John L. Cote, P 12249, Holland, Michigan, by the Attorney Discipline Board, affirming Kent County Hearing Panel's order of suspension with conditions.
1. 2.
and 3. 4.
Suspension - 45 Days Effective September 11, 2009
Reinstated Effective October 26, 2009
The respondent filed an answer to the formal complaint and appeared at the hearing. The panel found that respondent, while in an attorney-client relationship, used information relating to the representation to the disadvantage of the former client; and revealed information relating to the representation, in violation of MCR 9.104(A)(3) and (4); and Michigan Rules of Professional Conduct 1.9(c)(1) and (2); and 8.4(a). The panel ordered that respondent's license be suspended for 45 days with conditions relevant to the established misconduct.
The respondent and Grievance Administrator filed timely petitions for review which were heard by the Attorney Discipline Board. On January 28, 2009, the Board issued its order affirming the hearing panel's order of a 45 day suspension but vacating the conditions. The Grievance Administrator filed a motion for reconsideration, which was denied by the Board on March 6, 2009. Both parties filed applications for leave to appeal with the Michigan Supreme Court, which denied the applications but vacated the Board's order denying reconsideration and remanded the matter to Board for reconsideration with respect to the vacation of the conditions.
After reconsideration, the Board affirmed the hearing panel's order of a 45 day suspension, making it effective September 11, 2009, and reinstated the conditions originally ordered by the hearing panel. Total costs were assessed in the amount of $5,423.32.
In accordance with MeR 9.123(A), respondent's suspension was terminated with his filing of an affi of compliance with the Clerk of the Michigan Supreme Court on October 26, 2'009.
Dated: OCT 27 200Q