MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR. VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN
KAREN D. O’DONOGHUE LINDA S. HOTCHKISS, MD MICHAEL S. HOHAUSER PETER A. SMIT
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
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 —
DETROIT, MICHIGAN 48226-3147
PHONE: 313-963-5553 FAX: 313-963-5571
www.adbmich.org
NOTICE OF SUSPENSION WITH CONDITIONS (By Consent)
Case No. 20-4-GA Notice Issued: June 8, 2020 Michael J. O’Hagan, P 39963, Cadillac, Michigan, by the Attorney Discipline Board Grand Traverse County Hearing Panel #1.
Suspension - 180 Days, Effective June 5, 2020. Respondent appeared at the hearing but was in default for his failure to file an answer to the formal complaint. Based on respondent’s default and the stipulation of the parties, the panel found that respondent committed professional misconduct while representing a client injured in an auto accident in which her husband was killed; failed to provide additional information requested during the investigation of a request for investigation; and failed to appear when subpoenaed by the Administrator for a sworn statement relating to the same request for investigation.
Respondent and the Grievance Administrator filed a Stipulation for Consent Order of 180-Day Suspension With Conditions, as to the level of discipline to be imposed. The stipulation was approved by the Attorney Grievance Commission and accepted by the hearing panel. Specifically, the panel found that respondent neglected a legal matter entrusted to the lawyer, in violation of MRPC 1.1(c); failed to represent a client with reasonable diligence and promptness, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter and comply promptly with requests for information and immediately notify a client about settlement offers, in violation of MRPC 1.14(a); failed to explain a matter to the extent reasonably necessary for a client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); provided financial assistance to a client in connection with pending litigation, in violation of MRPC 1.8(e); failed to promptly pay or deliver any funds that the client or third party is entitled to receive, in violation of MRPC 1.15(b)(3); failed to promptly release the client file upon termination of the representation, in violation of MRPC 1.16(d); failed to expedite litigation, consistent with the interests of his client, in violation of MRPC 3.2; and knowingly failed to respond to a lawful demand for information, in violation of MRPC 8.1(a)(2). Respondent was also found to have violated MRPC 8.4(a)-(c); and MCR 9.104(1)-(4).
In accordance with the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be suspended for a period of 180 days; that he take steps to distribute all funds in his lOLTA to the agreed upon appropriate individuals; and that he would be ineligible to petition for reinstatement until he provided verification that he fully complied with this condition. Costs were assessed in the amount of $1,792.36.
/s/ Mark A. Armitage Executive Director