NOTICE OF REVOCATION WITH CONDITION Case No. 03-129-GA Notice Issued: January 7, 2004 Stephen A. Fitzpatrick, P 13499, Center Line, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #107.
1. Revocation 2. Effective December 30, 2003 The hearing panel found that respondent, as the trustee of a trust, failed to safeguard the trust funds; misappropriated $42,450.00 of trust funds; failed to promptly notify the beneficiaries of the existence of the funds; failed to make a final distribution of the funds to which the beneficiaries were entitled; and failed to provide an accounting of the trust funds to the beneficiaries upon request. The panel further found that respondent failed cooperate with the Grievance Administrator=s investigation when he failed to appear to give a sworn statement; failed to forward file materials relating to the trust; and failed to reply to two letters from the Grievance Administrator.
Respondent=s conduct was found to be in violation of MCR 9.104(A)(1)-(4); and Michigan Rules of Professional Conduct 1.15(a) and (b); 8.1(a)(2); and 8.4(a)-(c). The hearing panel ordered that respondent=s license to practice be revoked and that respondent, as a condition prior to petitioning for reinstatement, must resign as trustee of the trust and submit a complete accounting to the beneficiaries. Costs were assessed in the amount of $2,092.18.