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
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 ADMINISTRATOR
ALL YSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
DISMISSAL
Case No. 18-66-GA
Richard Eriksen, P 13217, Waterford, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #66.
Dismissal - Effective December 20, 2018.
The essential allegation in the formal complaint was that respondent had ex parte written and oral communication with an individual who was represented by other counsel at the time the communications occurred. The unrebutted testimony, as well as the exhibits presented at the hearing indicated that respondent's contacts with the individual were in the context of his role as "trustee" of the estate, rather than as an "individual," and the panel found that respondent did not know the individual was represented when he communicated with him via letter on June 9, 2016.
There was an additional allegation that, during a telephone conversation between respondent and opposing counsel, respondent spoke in an inappropriate manner. The panel found that the conversation occurred in the context of an emotionally charged dialogue between attorneys and the language used by respondent did not constitute language that would be considered to be an ethical violation.
The panel found that the Grievance Administrator failed to establish, by a preponderance of the evidence, a violation of the Rules of Professional Conduct alleged in the formal complaint (MRPC 4.2 and 6.5(a); and MCR 9.104(1), (2) and (3)). No costs were assessed against respondent. Na
Mark A. Armitage Executive Director