DISMISSAL Case No. 03-61-GA David W. Potts, P 19043, Bloomfield Hills, Michigan, by the Attorney Discipline Board affirming Tri-County Hearing Panel #63's order of dismissal.
1. Dismissal 2. Effective September 15, 2004. The Grievance Administrator filed Formal Complaint 03-61-GA alleging that respondent committed misconduct by undertaking representation of a new client which was adverse to another client; failing to notify his new client of his representation of the first client; and failing to seek the first client=s consent to the representation of the new client. Respondent=s conduct was alleged to have been in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.7(a) and (b) and 8.4(a) and (c).
Public hearings were held, including a limited evidentiary hearing. The panel was provided with numerous exhibits, recorded witness statements, and opinions of experts. On April 27, 2004, respondent filed a motion for summary disposition which was granted by the panel. On September 15, 2004, the panel issued its order dismissing Formal Complaint 03-61-GA.
The Grievance Administrator filed a timely petition for review and the Board, upon review, issued its order and opinion on September 28, 2005 affirming the hearing panel=s order of dismissal. No costs were assessed against respondent.