MEMBERS REV. MICHAEL MURRAY CHAIRPERSON JONATHAN E. LAUDERBACH VICE·CHAIRPERSON BARBARA WILLIAMS FORNEY
SECRETARY JAMES A. FINK JOHN W. INHULSEN KAREN D. O'DONOGHUE
STATE OF MICIDGAN ATTORNEY DISCIPLINE BOARD
MARK A. ARMITAGE EXECI/TIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
ALLY SON M. PLOURDE CASE MANAGER
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
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 18-132-GA
Notice Issued: July 3,2019
R. Gary Sundell, P 30553, Belleville, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #6.
Suspension - 60 Days, Effective June 26, 2019
Respondent and the Grievance Administrator filed a Stipulation for 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. In addition to his default for failure to answer the formal complaint, the stipulation contained respondent's admissions to the allegations that he committed acts of professional misconduct when he neglected various legal matters entrusted to him, failed to communicate with clients, and, in some cases, failed to refund fees or deliver funds a client was entitled to receive.
Based upon respondent's default, admissions, and the stipulation of the parties, the panel found that respondent failed to competently represent a client, in violation of MRPC 1.1 (b); neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to act with diligence and promptness in representing a client, in violation of MRPC 1.3; failed to keep a client reasonably informed of the status of the matter and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a) and (b); failed to pay or deliver funds a client was entitled to receive, in violation of MRPC 1.15(a)(3); failed to refund fees, in violation of MRPC 1.16(d); and failed to render candid advice to a client, in violation of MRPC 2.1. Respondent was also found to have violated MCR 9.104(1)-(3) and MRPC 8.4(a) and (c)
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for 60 days and that he be required to pay restitution in the total amount of $665.00. Costs were assessed in the amount of $834.41. a Mark A. Armitage Executive Director