MEMBERS STATE OF MICIDGAN REV.M ICHAEL MURRAY CHAIRPERSON JONATHAN E.LAUDERBACH ATTORNEY DISCIPLINE BOARD VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY
JAMES A. FINK JOHN W.I NHULSEN
KAREN D.O 'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S.H OTCHKISS, MD ANNA FRUSHOUR
333 WEST FORT STREET, SUITE 1700
DETROIT, MICHIGAN 48226-3147 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A.A RMITAGE EXECUTIVE DIRECTOR
WENDY A.N EELEY DEPUTY DIRECTOR
KAREN M.D ALEY ASSOCIATE COUNSEL
SHERRY L.M IFSUD OFFICE ADMIN/STRA TOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R.M ONTGOMERY CASE MANAGER
JULIE M.L OISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION (Pending Appeal)
Case No. 18-62-GA
Notice Issued: September 13,2019
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 engaged in double billing, overbilling, improper billing, and failed to return money charged to a Revocable Living 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 M RPC 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. The review hearing in this matter is scheduled for December 11, 2019.
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