MEMBERS LORI McAlLISTER
CHAIRPERSON WILLIAM J. DANHOF
VICE·CHAlRPERSON WILLIAM l. MATTHEWS, CPA
SECRETMY GEORGE H. LENNON BILLY BEN BAUMANN, M.D. HON. RICHARD F. SUHRHEINRICH ANDREA l. SOLAK THOMAS G. KIENBAUM
EILEEN LAPPIN WEISER
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOlT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPU7Y DIREGOR
JENNIFER M. PETlY LEGAL ASSISTANT
211 WESTFORT ST. SUITE 1410 DETROIT MICHIGAN 48226-3236 PH A uNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF SUSPENSION WITH CONDITION (By Consent) Case No. 07-81-GA Notice Issued: January 16, 2008 Douglas C. Cunningham, P 31798, Lansing, Michigan, by the Attorney Discipline Board Ingham County Hearing Panel #6.
1. Suspension - 3 Years 2. Effective January 9, 2008 The respondent and Grievance Administrator filed a stipulation for consent order of discipline, in accordance with MCR 9.115(F)(5), containing respondent's plea of nolo contendere to the allegations that respondent commingled trust funds with his personal funds; misappropriated his client's trust funds; failed to promptly release client funds; failed to provide an accounting to his client despite demands; failed to maintain funds in which a third party claimed an interestseparate from his own funds; failed to promptly notify the third party of his receipt of funds in which a third party claimed an interest; misappropriated third party funds; misappropriated interest generated on his trust account; charged or attempted to charge an illegal or excessive fee; engaged in a conflict of interest by having his client sell an interest in the personal injury recovery so that respondent could be paid $15,500 in fees; failed to reasonably communicate with his client; failed to maintain a normal relationship with his client who was operating under a disability; engaged in conduct involving dishonesty, fraud, deceit misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Respondent's conduct was alleged to be in violation of Michigan Court Rules 9.1 04(A)(1)-(4); and Michigan Rules of Professional Conduct 1.4(a) and (b); 1.5(a); 1.7(b); 1.14(a); 1.15(b)(1) and (3), (d), and (h); and 8.4(a) and (b).
In accordance with the stipulation approved by the Attorney Grievance Commission, the panel ordered that respondent's license to practice law in Michigan be suspended for three years and that he be sUbject to a specific condition relevant to the alleged misconduct. Total costs were assessed in the amount of $1,633.84.