MEMBERS LORI McALLISTER CHAJRPERSON WILLIAM J. DANHOF VrCE-CHAJRPERSON WILLIAM L. MATTHEWS, CPA
SECRETARY 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 DIREUOR MARK A. ARMITAGE DEPUTY DIREUOR
JENNIFER M. PETTY lEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
NOTICE OF SUSPENSION AND RESTITUTION (Pending Appeal)
Case No. 05-29-GA Notice Issued: November 14, 2007 Joel S. Gehrke, P 39871, Southfield, Michigan, by the Attorney Discipline Board Clare County Hearing Panel #1.
1. Suspension - 180 Days 2. Effective November 6,2007 The hearing panel adopted the Master's findings that respondent failed to communicate the basis and rate of his fee; failed to explain a matter to the client to the extent necessary to permit
his client to make informed decisions regarding the representation; charged and collected an excessive fee; failed to provide notice and billings to his client before withdrawing her funds as fees and costs; and failed to maintain complete records of client funds. Respondent was also found to have charged an unreasonable fee; and to have taken his fee before it was earned and before providing notice to his client. Finally, respondentwas found to have charged his client for expenses that were not actually expenses of litigation; and failed to make reasonable efforts to make sure that his non-lawyer employees' conduct was compatible with his professional obligations as a lawyer
Respondent's conduct was in violation of Michigan Rules of Professional Conduct 1.4(b); 1.5(a) and (b); 1.15(a) and (b); and 5.3(c). The panel ordered that respondent's license to practice law in Michigan be suspended for 180 days and that he pay restitution in the amount of $40,550.12.
The respondent filed a petition for review, along with a request for a stay of the discipline which was scheduled to commence on September 5,2007. The Attorney Discipline Board granted a 60 day stay of discipline and ordered that respondent's suspension would not go into effect until November 6,2007. Respondent filed a request for an extension of the stay of discipline, but that request was denied by the Board.
This matter has been scheduled for hearing before the Board on December 6,2007.
Dated:
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