NOTICE OF SUSPENSION WITH CONDITIONS (Pending Appeal)
Case No. 05-12-GA Notice Issued: January 12, 2006
Farzad A. Farshidmehr, P 47405, Alpena, Michigan, by Attorney Discipline Board Otsego County Hearing Panel #1.
1. Suspension - 175 Days 2. Effective January 5, 2006 The panel found that respondent failed to deposit client funds, in the aggregate amount of $8,705.50, into his IOLTA account; misappropriated $7,205.50 of those funds before they were earned; and failed to adequately supervise his secretary when he ordered her to spend $7,205.50 to pay respondent=s personal and business expenses before the sums were earned. The panel also found that respondent, in his answer to the Grievance Administrator=s request for investigation, made a false statement that the $7,205.50 was deposited into his IOLTA account; and that he directed his secretary to file a false affidavit in support of this statement. Finally, based on respondent=s admissions, the panel found that respondent=s dues invoice contained information that was untrue.
Respondent=s conduct was in violation of MCR 9.104(A)(1)-(4) and (6); MCR 9.113(A); Rules Concerning the State Bar, Rule 2; and Michigan Rules of Professional Conduct 1.15(a), (b) and (d)(2); 5.3(b) and (c)(1); 8.1(a)(1); and 8.4(a)-(c).
The hearing panel ordered that respondent=s license to practice be suspended for 175 days and that he be subject to certain conditions relevant to the established misconduct.
On January 3, 2006, the Grievance Administrator filed a timely conditional petition for review which has been scheduled for hearing before the Attorney Discipline Board on March 16, 2006.