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 REPRIMAND (By Consent)
Case No. 20-32-GA Notice Issued: May 20, 2020 Russell D. Brown, P 60583, Saline, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #10.
Reprimand, Effective May 15, 2020 The respondent and the Grievance Administrator filed a Stipulation for Consent Order of a Reprimand, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained respondent’s admissions to the allegations that he committed acts of professional misconduct when he placed a $2,000 fee, which he had not yet earned, into his business account instead of his IOLTA account; failed to draft business documents he was hired to prepare in a timely manner; and failed to timely refund the unearned fee to the clients upon request.
Based upon respondent’s admissions and the stipulation of the parties, the panel found that respondent failed to act with reasonable diligence and promptness in representing a client, in violation of MRPC 1.3; failed to promptly deliver funds that a client or third party was entitled to receive, in violation of MRPC 1.15(b)(3); commingled funds by failing to deposit advance fees in a client trust account and failing to withdraw them as they were earned, in violation of MRPC 1.15(g); and failed to protect a client’s interests upon termination of the representation by not returning an unearned fee, in violation of MRPC 1.16(d). Respondent was also found to have violated MCR 9.104(2); and MRPC 8.4(a).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be reprimanded. Costs were assessed in the amount of $1,126.64.
/s/ Mark A. Armitage Executive Director