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
DETROIT, MICHIGAN 48226-3147 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIAT E COUNSEL
SHERRY MIFSUD OFFICE ADMINISTRATO
R
ALLY SON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF REPRIMAND AND RESTITUTION WITH CONDITION
Case No. 18-82-GA
Notice Issued: February 26, 2020
Harvey A. Koselka, P 16160, Adrian, Michigan, by the Attorney Discipline Board Washtenaw County Hearing Panel #6.
Reprimand, Effective February 21, 2020
After proceedings in accordance with MCR 9.115, the hearing panel found that respondent committed professional misconduct while serving as both Personal Representative and attorney for the Estate of Rose Damon. Specifically, respondent failed to give notice to heirs as to their rights concerning who might serve as Personal Representative and what their responsibilities would be under statutes and court rules, failed to provide a written fee agreement and failed to maintain contemporaneous time records, failed to file an inventory, missing three deadlines, and filed an inaccurate and misleading sworn statement to close the estate asserting the estate assets had been distributed when they had not yet been.
The panel found that respondent violated, or attempted to violate, the Rules of Professional Conduct, contrary to MRPC 8.4(a); and, engaged in conduct that violates the standards or rules of professional conduct adopted by the Supreme Court, contrary to MCR 9.104(4).
The panel ordered that respondent be reprimanded, pay restitution totaling $2,000, and that he be subject to a condition relevant to the established misconduct. Costs were assessed in the amount of $3,435.78.
Mark A. Armitage Executive Director