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 MICHIGAN ATTORNEY DISCIPLINE BOARD
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226·3236 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 ADMIN/STRAT OR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION (By Consent)
Case No. 18 96-GA
Notice Issued: March 5, 2019
Charlette Pugh Tall, P 48780, Philadelphia, Pennsylvania, by the Attorney Discipline Board Tri County Hearing Panel #108.
Suspension 90 Days, Effective February 28,2019
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 plea of no contest that she committed acts of professional misconduct in Michigan and North Carolina when she charged client fees for loan modifications without completing the services promised; failed to ensure that non lawyer employees' conduct was compatible with the lawyer's professional obligations; made false or misleading communications about the lawyer or the lawyer's services; failed to answer a request for investigation and failed to appear when subpoenaed by the Grievance Administrator.
Based upon respondent's plea and the stipulation of the parties, the panel found that respondent failed to keep her clients reasonably informed about the status of their matter, in violation of NCRPC1 1.4(a)(2); failed to promptly reply to reasonable requests for information, in violation of NCRPC 1.4(a)(3); failed to explain a matter to the extent reasonably necessary to permit her clients to make informed decisions regarding their representation,i n violation of NCRPC 1.4(b); made an agreement for,c harged, or collected an illegal fee, in violation of NCRPC 1.S; failed to hold entrusted property of her clients separate from her own property, in violation of NCRPC 1.1S-2(a); failed to place trust funds in either a general trust account or a dedicated trust account, in violation of NCRPC 1.15-2(b); failed to refund an advance payment of an unearned fee upon termination of the representation,i n violation of NCRPC 1.16(d); failed to act with reasonable diligence and promptness in representing a client, in violation of NCRPC 1.3; failed to make reasonable efforts to ensure that the firm or organization has in effect measures giving reasonable assurance that the conduct of non-lawyers employed or retained by or associated with her was compatible with her professional obligations, in violation of NCRPC
1 NCRPC are the North Carolina Rules of Professional Conduct. Respondent is not actively licensed to practice law in any state but Michigan. Pursuant to MRPC 8.5(a), "a lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs." Pursuant to MRPC 8.5(b), respondent was charged under the rules of the "jurisdiction in which the conduct occurred."
March 5. 2019
STATE OF MICHIGAN. AT IORNEY DISCIPLINE BoARD
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5.3(a}-(b}; ordered or ratified non-lawyer conduct which was not compatible with her obligations, in violation of NCRPC 5.3(c)(1); failed to take reasonable remedial action to mitigate or avoid the consequences of non-lawyer conduct which was not compatible with her obligations, in violation of NCRPC 5.3(c)(2); made false or misleading communications about her services, in violation of NCRPC 7.1; solicited professional employment by in-person, live telephone, or real-time electronic contact when a significant motive for her doing so was her own pecuniary gain, in violation of NCRPC 7.3; engaged in conduct in violation of or attempted to violate the Rules of Professional Conduct, knowingly assisted or induced another to do so, or did so through the acts of another, in violation of NCRPC 8.4(a); engaged in conduct that involved dishonesty. fraud, deceit. or misrepresentation that reflected adversely on the lawyer's fitness as a lawyer, in violation of NCRPC 8.4(c); engaged in conduct that was prejudicial to the administration of justice, in violation of NCRPC 8.4(d); failed to timely answer a request for investigation, in violation of MCR 9.104(7), MCR 9.113(A), and MeR 9.113(8}(2); and knowingly failed to respond to a lawful demand for information from an admissions or disciplinary authority, in violation of MRPC 8.1 (a)(2).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for 90 days; that she be required to pay restitution in the amount of $1,500; and that she attend or participate in a continuing legal education seminar on the topic of multijurisdictional practice. Costs were assessed in the amount of $975.13.
Mark A. Armitage Executive Director