MEMBERS LORI McALLISTER
CH.AlRPERSON WILLIAM J. DANHOF
vrCE-CH.AlRPERSON WILLIAM L MATIHEWS, CPA
SECRffAAY GEORGE H. LENNON BILLY BEN BAUMANN, M.D. HON. RICHARD F. SUHRHEINRICH ANDREA l. SOLAK
THOMAS G. KIENBAUM EILEEN LAPPIN WEISER
STATE OF MIClllGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOlT EXECUflVE DIREcrOR MARK A. ARMITAGE DEPUTY DIREcrOR
JENNIFER M. PETTY LEGAL ASSISTANT
211 WESTFORT ST. SUITE 1410 DETROITv;MICHIGAN 48226-3236 PHuNE: 313-963 -5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (Pending Appeal)
Case No. 06-156-GA Notice Issued: November 5, 2007 David L. Rosenthal, P 24758, Bloomfield Hills, Michigan , by Attorney Discipline Board Tri-County Hearing Panel #51.
1. Suspension - 18 Months 2. Effective October 27, 2007 The respondent failed to answer the formal complaint but appeared for the public hearing before Tri-County Hearing Panel #51. Based upon its conclusion that respondent's default was
properly entered, the panel found that the charges in the formal complaint were deemed to be admitted, to wit: respondent was paid a flat fee of $5,000 in October 2003 to prepare a trust but failed to provide the legal service and failed to return the unearned fee. Respondent failed to deposit the advanced fee into a client trust account and misappropriated those founds. Count Two charged that respondent proposed a business deal to the same clients in which the clients would pay $15,000 to fund litigation handled by another lawyer involving an unidentified "famous baseball player." Respondent had his clients sign a "purchase agreement" for a portion of the unidentified
lawyer's contingent fee. Thereafter, respondent failed to adequately communicate with his clients and has failed to account for any portion of the $15,000 paid by the clients. Count Three charged that respondent failed to file a timely answer to a request for investigation and failed to respond to further requests for information from the Grievance Administrator.
Respondent's conduct was found to be in violation of MCR 9.104(A)(1 )-(4) and (7); MCR 9.113(A); and Michigan Rules of Professional Conduct 1.1(c); 1.2(a); 1.15(a) (amended as MRPC 1.15(g); 1.16(d) ; 8.1(a)(2) and 8.4(a) and (b).
Following a separate hearing to determine the appropriate discipline, the panel ordered the suspension of respondent's license to practice law in Michigan for a period of 18 months commencing October 27, 2007. The panel further ordered the respondent to pay restitution to his former clients in the amount of $20,000 and that, in addition to the requirements of MCR 9.123(B) and MCR 9.124, respondent's reinstatement should be conditioned upon completion of an ethics course and a passing grade on the Multi-State Professional Responsibility Examination. Costs were assessed in the amount of $2,549.16.
The Grievance Administrator filed a timely petition for review seeking increased discipline and this matter will be scheduled for a hearing before the Attorney Discipline Board.
Dated:
NOV - 5 20(}Y_