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 RECEPTIONISTISECRETARY
NOTICE OF REPRIMAND (By Consent)
Case No. 18-25-GA Notice Issued: June 28, 2018 H. Russell Smith, P 35922, Southfield, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #80.
Reprimand, Effective June 23, 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 as the result of his improper use of an IOlTA account from January 2017 through June 2017. Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent deposited his own funds in a client trust account 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); and held funds other than client or third person funds in an IOlTA, in violation of MRPC 1.15(a)(3). Respondent was also found to have violated MCR 9.104(2)-(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 $757.62.
/~a~ Mark A. Armitage Executive Director