MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR. VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY KAREN D. O’DONOGHUE LINDA S. HOTCHKISS, MD MICHAEL S. HOHAUSER PETER A. SMIT ALAN GERSHEL LINDA M. ORLANS
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
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PHONE: 313-963-5553
MARK A. ARMITAGE EXECUTIVE DIRECTOR — WENDY A. NEELEY DEPUTY DIRECTOR — KAREN M. DALEY ASSOCIATE COUNSEL — SHERRY MIFSUD
OFFICE ADMINISTRATOR — ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER — JULIE M. LOISELLE RECEPTIONIST/SECRETARY —
www.adbmich.org
NOTICE OF DISBARMENT AND RESTITUTION (By Consent)
Case No. 19-68-GA Notice Issued: November 24, 2020 Demetrio S. Timban, P 69420, Troy, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #15.
Disbarment, Effective November 18, 2020. The respondent and the Grievance Administrator filed a Stipulation for Consent Order of Disbarment, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained respondent's admissions that he committed professional misconduct in his representation of two separate clients and by failing to appear and produce documents when subpoenaed by the Attorney Grievance Commission.
The panel found that respondent neglected legal matters in violation of MRPC 1.1(a); failed to act with diligence and promptness in representing his clients, in violation of MRPC 1.3; failed to pay or deliver funds or property that a client or third person is entitled to receive, in violation of MRPC 1.15(b)(3); failed to hold funds or property of clients or third persons separate from the lawyer's own property and failed to adequately safeguard such funds or property, in violation of MRPC 1.15(d); failed to deposit funds for legal expenses into a trust account until the expenses are incurred, in violation of MRPC 1.15(g); made an agreement prospectively limiting the lawyer's liability to a client for malpractice, in violation of MRPC 1.8; failed to comply with a lawful demand for information from a disciplinary authority, in violation of MRPC 8.1(a)(2); and entered into an agreement or attempted to enter into an agreement, that the professional misconduct or the terms of a settlement of a claim for professional misconduct should not be reported to the Administrator, in violation of MCR 9.104(10)(a). Respondent was also found to have violated MCR 9.104(1)-(3); and MRPC 8.4(b).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be disbarred from the practice of law in Michigan and pay restitution in the total amount of $6,835.00. Costs were assessed in the amount of $1,005.75.
/s/ Mark A. Armitage Executive Director