MEMBERS LOUANN VAN DER WIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN
JONATHAN E. LAUDERBACH KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S. HOTCHKISS, MD
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 ADMINISTRA TOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF REPRIMAND WITH CONDITIONS (By Consent)
Case No. 17-145-GA Notice Issued: June 14, 2018 Edward J. Gudeman, P 14454, Royal Oak, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #66.
Reprimand, Effective June 14, 2018. 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 taking loans against funds in an IOlTA account containing client funds and not maintaining properly executed documentation evidencing the terms of the loan with his client. Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent entered into a business transaction or knowingly acquired an ownership, possessory, security or other pecuniary interest adverse to a client, in violation of MRPC 1.8(a); and failed to preserve complete records of the client's funds and other property for a period of five years after termination of the representation, in violation of MRPC 1.15(b)(2).
In accordance with the stipulation of the parties, the panel ordered that respondent be reprimanded and that he be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $1,093.38.
~(J?36 Mark A. Armitag~ Executive Director