MEMBERS REV. MICHAEL MURRAY CHAIRPERSON JONATHAN E. LAUDERBACH 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
STATE OF MIClnGAN 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 ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
ALLY SON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (By Consent)
Case No. 18-118-GA
Notice Issued: July 3,2019
Nathaniel Herdt, P 68144, Ann Arbor, Michigan, by the Attorney Discipline Board Washtenaw County Hearing Panel #3.
Suspension - 18 Months, Effective July 1, 2019.
The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based on respondent's admissions, plea of no contest and the stipulation of the parties, the panel found that respondent committed professional misconduct in his representation of six separate clients when, in each of their matters, he communicated with the clients for only a short time; he filed some of their cases and others he completely failed to file; then he abandoned the client matters and discontinued communications with the clients; commingled client funds with his own; and failed to return unearned fees.
Specifically, the panel found that respondent neglected legal matters, in violation of MRPC 1.1(c); failed to act with reasonable diligence and promptness in the representation of his clients, in violation of MRPC 1.3; failed to keep his clients reasonably informed regarding the status of their legal matters and respond promptly to reasonable requests for information, in violation of MRPC 1.4(a); failed to explain matters to the extent necessary for the clients to remain reasonably informed regarding the status of their matters, in violation of MRPC 1.4(b); failed to hold property or funds of a client in connection with a representation separate from the lawyer's own funds, in violation of MRPC 1.15{d); failed to deposit legal fees and expenses paid in advance into a client trust account until they have been earned, in violation of MRPC 1.15(g); failed to refund unearned attorney fees paid in advance, in violation of MRPC 1.16(d); and entered into an agreement with a client in which the client agreed not to report the lawyer's misconduct to the Grievance Administrator, in violation of MeR 9.104(10). Respondent was also found to have violated MCR 9.104(1)-(3).
In accordance with the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be suspended for a period of 18 months, that he be required to pay restitution in the total amount of $9,420.00, and that he be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $988.06. a r Mark A. Armitage Executive Director