MEMBERS STATE OF MICHIGAN REV. MICHAEL MURRAY CHAIRPERSON JONATHAN E. LAUDERBACH ATTORNEY DISCIPLINE BOARD VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN
KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S. HOTCHKISS, MD ANNA FRUSHOUR
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 ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION WITH CONDITIONS (By Consent)
Case No. 19-40-GA
Notice Issued: July 3,2019
Douglas A. Jacobson, P 27849, Gladwin, Michigan, by the Attorney Discipline Board Tri-Valley Hearing Panel #1.
Suspension - 30 Days, Effective July 1, 2019
The respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline, in accordance with MCR 9.11S(F)(S), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained respondent's admissions to the allegations that he committed acts of professional misconduct when he failed to supervise his secretary after he delegated the handling of his trust accounting duties and responsibilities to her; failed to reconcile his trust account and relied solely on the statements made by his secretary in regard to the account activity; signed trust account checks without inquiring into the propriety of the checks; and signed blank trust account checks and provided the Signed checks to his secretary without questioning the manner in which she intended to use the checks. Four separate client matters were affected.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent held funds other than client or third person funds in an IOLT A, in violation of MRPC 1.1S(a)(3); failed to hold property of his clients or third persons separate from his own, in violation of MRPC 1.1S(d); deposited his own funds into an IOLT A in excess of the amount reasonably necessary to pay financial institution service charges or fees or to obtain a waiver of service charges or fees, in violation of MRPC 1.1S(f); failed to make reasonable efforts to ensure that the firm had in effect measures giving reasonable assurance that his non-lawyer assistant's conduct was compatible with his professional obligations, in violation of MPRC S.3(a); and failed to make reasonable efforts to ensure that a non-lawyer assistant's conduct was compatible with his professional obligations, in violation of MRPC S.3(b). Respondent was also found to have violated MCR 9.104(4) and MRPC 8.4(a).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice la l�w in Michigan be suspended for 30 days and that he be subject to conditions relevant to the estab scon ct. Costs were assessed In the amount of $1,175.46.