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 M. 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 ADMINISTRAT OR
ALL YSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF REPRIMAND (By Consent)
Case No. 18-102-GA
Notice Issued: November 1, 2018
Kendall L. Sailler, P 50055, Sterling Heights, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #103.
Reprimand, Effective October 26, 2018
The 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. The stipulation contained respondent's admissions to the allegations that he committed acts of professional misconduct by commingling personal and client funds in his IOLTA account between January 2017 and December 2017.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent failed to hold property of his clients, or third person, separate from his own, in violation of MRPC 1.15(d); and deposited his own funds in an IOLT A in excess of an amount reasonably necessary to pay financial institution service charges or fees, or to obtain a waiver of service charges or fees, in violation of MRPC 1.15(f). Respondent was also found to have violated MCR 9.104(3) and (4); and MRPC 8.4(a).
In accordance with the stipulation of the parties, the panel ordered that respondent be reprimanded. Costs were assessed in the amount of $779.04.
a Mark A. Armitage Executive Director