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
ANNA FRUSHOUR MICHAEL S. HOHAUSER
STATE OF MICIDGAN 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 ASSOCIA TE COUNSEL
SHERRY MIFSUD OFFICE ADMINISTRA TOR
ALLY SON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION
Case No. 18-5-GA
Notice Issued: November 6,2019
Sean Paul O'Bryan, P 45881, Davison, Michigan, by the Attorney Discipline Board Genesee County Hearing Panel #4.
Suspension - 179 Days, Effective December 18, 2019
After proceedings in accordance with MCR 9.115 and based on the evidence presented by the parties at the hearings held in this matter, the hearing panel found that respondent committed professional misconduct while representing a client during their application for U.S. Department of Veterans Affairs Aid & Attendance Benefits, and in creating a Veterans Affairs compliant trust.
The panel found that respondent neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to act with reasonable diligence and promptness, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); knowingly made a false statement of material fact or law to a third person in the course of representing a client, in violation of MRPC 4.1; when having direct supervisory authority over other nonlawyers, failed to make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer, in violation of MRPC 5.3(b); and engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b). Respondent was also found to have violated MRPC 8.4(a) and MCR 9.104(2) and (3).
The panel ordered that respondent's license to practice law be suspended for a period of 179 days and that he pay restitution totaling $3,500.00. Total costs were assessed in the amount of $3,552.50. /--1 """--- /, /1 A' ,'1 /t " . . . 11J" l l.-(' Vl'l.v
Mark A. Armitage Executive Director