MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR.
VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY KAREN D. O’DONOGHUE LINDA S. HOTCHKISS, MD
MICHAEL S. HOHAUSER PETER A. SMIT ALAN GERSHEL LINDA M. ORLANS
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700 DETROIT, MICHIGAN 48226-3147
PHONE: 313-963-5553
MARK A. ARMITAGE EXECUTIVE DIRECTOR — WENDY A. NEELEY DEPUTY DIRECTOR — KAREN M. DALEY ASSOCIATE COUNSEL — SHERRY MIFSUD OFFICE ADMINISTRATOR —
ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER — JULIE M. LOISELLE RECEPTIONIST/SECRETARY —
www.adbmich.org
NOTICE OF DISBARMENT AND RESTITUTION WITH CONDITION Case No. 19-83-GA Notice Issued: January 13, 2021 Peter R. Albertins, P 48886, New Hudson, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #77.
Disbarment - Effective October 21, 2019 Based on the evidence presented by the parties at the hearings held in this matter, the hearing panel found that respondent committed professional misconduct when he requested and received attorney fees from four different clients and then either failed to take any action or failed to complete their matters; failed to communicate with the clients; failed to return unearned fees; settled a matter without his client’s permission; misused his IOLTA account; and, intentionally lied to the Grievance Administrator’s counsel to exploit sympathy for a loved one’s alleged death and to delay cooperating with the Administrator’s request for further information.
The panel specifically found that respondent neglected legal matters entrusted to him, in violation of MRPC 1.1(c); failed to seek the lawful objectives of his clients through reasonably available means permitted by law, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3; failed to keep his clients reasonably informed about the status of their matters and comply promptly with reasonable requests for information, and failed to promptly notify the clients of all settlement offers, in violation of MRPC 1.4(a); failed to explain matters to his clients to the extent reasonably necessary to permit the clients to make informed decisions regarding their representation, in violation of MRPC 1.4(b); upon the conclusion of a contingent fee matter, failed to provide a client with a written statement of the outcome of a matter and to explain the remittance to the client and the method of its determination, in violation of MRPC 1.5(c); failed to promptly pay or deliver funds that his clients were entitled to receive, in violation of MRPC 1.15(b)(3); failed to hold property of clients in connection with a representation separate from his own property and appropriately safeguarded, in violation of MRPC 1.15(d); deposited his own funds in a client trust account in an amount more than reasonably necessary to pay financial institution service charges or fees, in violation of MPRC 1.15(f); failed to surrender papers or property or to refund the advance payment of fees that have not been earned upon termination of the representations, in violation of MRPC 1.16(d); made a false statement of material fact or law to a third person, in violation of MRPC 4.1; and made a knowing misrepresentation of facts or circumstances surrounding a request for investigation or complaint, in violation of MCR 9.104(6). Respondent was also found to have violated MCR 9.104(1)-(3) and MRPC 8.4(b).
January 13, 2021
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
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The panel ordered that respondent be disbarred from the practice of law; pay restitution in the total amount of $7,935.00; and be subject to a condition relative to the established misconduct. Respondent filed a delayed petition for review, which was considered and denied by the Board’s Chairperson. Total costs were assessed in the amount of $3,394.62.
/s/ Mark A. Armitage Executive Director