NOTICE OF PROBATION WITH CONDITION (By Consent)
Case Nos. 03-38-GA; 03-116-GA; 03-141-GA Notice Issued: October 18, 2004 Thomas M. McGinnis, P 33419, Keego Harbor, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #85.
1. Probation - 2 Years 2. Effective August 6, 2004 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5) and MCR 9.121(C), containing respondent=s plea of no contest to the allegations that he failed to answer eight requests for investigation, failed to timely answer one request for investigation; failed to provide his client files to the Grievance Administrator; abandoned the representation of seven clients; failed to refund unearned fees in seven matters; simultaneously represented two clients in related criminal cases arising from the same transaction, although they had adverse interests; and failed to attend a hearing in an embezzlement matter causing his petition for order to show cause to be dismissed. Respondent was charged with violations of MCR 9.104(A)(1)-(4) and (7); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct 1.1; 1.2(a); 1.3; 1.4(a); 1.7(a) and (b); 1.16(d); 8.1(a)(2); and 8.4(a) and (c).
The parties agreed that respondent should be subject to a two year probationary period with a condition relevant to the alleged misconduct. Total costs were assessed in the amount of $2,104.61.