MEMBERS STATE OF MICHIGAN REV. MICHAEL MURRAY CHAIRPERSON JONATHAN E.LAUDERBACH ATTORNEY DISCIPLINE BOARD VICE·CHAIRPERSON BARBARA WILLIAMS FORNEY
SECRETARY JAMES A. FINK
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M.D ALEY ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRAT OR
JOHN W. INHULSEN
KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
LINDA S. HOTCHKISS, MD ANNA FRUSHOUR
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226·3236 PHONE: 313·963·5553 I FAX: 313·963-5571
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 18-59-GA
Notice Issued: December 28,2018
James Dimitriou, II, P 41780, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #3.
Suspension - 180 Days, Effective December 22, 2018
The respondent and the Grievance Administrator filed a stipulation for a 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 in his representation of a client trying to obtain permanent residence status for his wife.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent failed to provide competent representation to a client, in violation of MRPC 1.1 ; handled a legal matter without preparation adequate in the circumstances, in violation of MRPC 1.1 (b); failed to keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); and, upon termination of the representation of the client, failed to make a refund of monies paid to respondent as attorney fees which were not properly earned because the course of conduct taken by respondent was not warranted by the facts and circumstances, and he failed to refund costs paid but which were not required by the facts and circumstances and thus not properly incurred, in violation of MRPC 1.16(d). Respondent was also found to have violated MCR 9.104(1)-(3); and MRPC 8.4(c).
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 180 days. In addition, the parties stipulated, and the panel agreed, that respondent pay restitution in the amount of $3,020.00. Costs were assessed in the amount of $773.28. a Mark A Armitage Executive Director