MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM
VICE-CHAIRPERSON WILLIAM L. MATIHEWS, CPA
SECRETARY BILLY BEN BAUMANN, M.D. ANDREA L. SOLAK ROSALIND E. GRIFFIN, M.D. CARL E. VER BEEK CRAIG H. LUBBEN JAMES M. CAMERON, JR.
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETIY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT MICHIGAN 48226-3236 PH6 NE: 313-963-5553 fAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (Pending Appeal)
Case No. 07-165-GA Notice Issued: January 8, 2009
Shelly Stasson, P 30259, West Bloomfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #79.
1. Suspension - 4 Years 2. Effective December 18, 2008 The hearing panel found that respondent neglected a legal matter entrusted to her when she failed to file a Title V action on her client's behalf; failed to keep her client reasonably informed; failed to comply with reasonable requests for information; failed to communicate with her client to the extent reasonably necessary for the client to make informed decisions regarding the representation; and failed to provide an accounting of client funds upon request of her client. Additionally, when that client obtained a judgment against respondent, she failed to comply with the court rules and with directives from the Michigan Court of Appeals to file her brief in conformity with the rules of the court. Respondent was subsequently sanctioned by the Court of Appeals for permitting her appeal to appear on the involuntary dismissal docket.
In a probate matter, the panel found that respondent's filings in the. Court of Appeals violated the Michigan Court Rules and her brief evidenced, at the very least, a lack of knowledge of the subject matter; and the trial court in that matter sanctioned respondent for her filing of a frivolous action.
In a third matter, when respondent attempted to pursue a complaint against her legal malpractice carrier, the panel found that respondent brought a proceeding in which there was no basis for doing so that was not frivolous. Further, respondent knew or should have known that she was disobeying an obligation under the court rules by filing frivolous pleadings.
In a fourth matter, the panel found that respondent had filed a complaint which included frivolous claims against the Public Review Board (PRB). Sanctions were granted against respondent based upon the magistrate's findings that respondent's asserted claims were groundless and frivolous.
Finally, the panel found that respondent, on several occasions, failed to provide competent representation; failed to comply with the court rules; neglected to engage in discovery; repeatedly filed meaningless, nonsensical or frivolous pleadings; failed to investigate the facts and law relative to her clients' potential claims; and failed to brief and explain issues or support positions with
competent witnesses and documentation sufficient to articulate a coherent position supported by fact or law.
Respondent's conduct was found to be in violation of FRCP 11; MCR 2.114; MCR 9.1 04(A)(2); and Michigan Rules of Professional Conduct 1.1; 1.4(a) and (b); 1.15(b)(3); 3.1; 3.4(c); and 8.4(b).
January 8, 2009
STATE OF MICHIGAN. ATfORNEY DISCIPLINE BOARD
Page 2
The hearing panel ordered that respondent's license be suspended for four years and that she pay restitution in the aggregate amount of $29,178.88. The panel also ordered that respondent shall be subject to certain conditions relevant to the established misconduct.
Respondent filed a delayed petition for review and requested a stay of discipline and a stay on the payment of restitution and costs. The Attorney Discipline Board granted the delayed petition for review and granted respondent's request for a stay regarding the payment of the restitution and the costs. However, the Board denied respondent's request for a stay of discipline and her suspension from the practice of law in Michigan is deemed to have gone into effect on December ( 18 ) ,2 I 0 . 08. ~:~s been scheduled for hearing before the Board on March 11, 2009.
John F. Van Bolt
Dated:
JANUARY 8, 2009