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 MICHAEL S. HOHAUSER PETER A. SMIT
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
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 —
DETROIT, MICHIGAN 48226-3147
PHONE: 313-963-5553 FAX: 313-963-5571
www.adbmich.org
NOTICE OF SUSPENSION Case No. 18-62-GA Notice Issued: March 30, 2020 Fulton B. Eaglin, P 24834, Claremont, California, by the Attorney Discipline Board Tri-County Hearing Panel #8.
Suspension - 179 Days, Effective September 13, 2019. Based on respondent’s default, the panel found that respondent committed professional misconduct when he billed, and was paid or paid himself, excessive fees, particularly when acting as trustee for a client's revocable living trust and failed to return money charged to the trust as ordered by the probate court.
Specifically, the hearing panel found that respondent collected a clearly illegal or excessive fee, in violation of MRPC 1.5(a); failed to safeguard client money by misappropriating client funds in violation of MRPC 1.15; failed to promptly notify the beneficiaries when he received funds in which the beneficiaries had an interest, in violation of MRPC 1.15(b)(1); failed to properly pay or deliver funds owed to the estate, the trust, and/or the beneficiaries, in violation of MRPC 1.15(b)(3); failed to surrender paper or property or to refund the advance payment of a fee that has not been earned upon termination of the representation, in violation of MRPC 1.16(d); knowingly disobeyed an obligation under the rules of a tribunal, in violation of MRPC 3.4(c); and breached the duty of loyalty expected of trustees by taking unfairly excessive trustee compensation contrary to beneficiary benefit, in violation of MCL 700.7802. Respondent was also found to have violated MCR 9.104(1)-(3); and MRPC 8.4(a)-(c).
The panel ordered that respondent’s license to practice law be suspended for a period of 179 days. The Grievance Administrator filed a petition for review, seeking an increase in discipline. Upon review, the Board affirmed the hearing panel’s order of suspension on February 27, 2020. Total costs were assessed in the amount of $2,590.42.
/s/ Mark A. Armitage Executive Director