MEMBERS JONATHAN E. LAUDERBACH CHAIRPERSON MICHAEL B. RIZIK, JR. VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN
KAREN D. O’DONOGHUE LINDA S. HOTCHKISS, MD MICHAEL S. HOHAUSER PETER A. SMIT
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
MARK A. ARMITAGE EXECUTIVE DIRECTOR — WENDY A. NEELEY DEPUTY DIRECTOR — KAREN M. DALEY ASSOCIATE COUNSEL — SHERRY MIFSUD OFFICE ADMINISTRATOR —
ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER — JULIE M. LOISELLE RECEPTIONIST/SECRETARY —
DETROIT, MICHIGAN 48226-3147
PHONE: 313-963-5553
www.adbmich.org
NOTICE OF SUSPENSION WITH CONDITIONS (By Consent)
#64.
Case No. 20-46-GA Notice Issued: August 19, 2020 Mark Hermiz, P 76378, Troy, Michigan, by Attorney Discipline Board Tri-County Hearing Panel
Suspension - 18 Months, Effective April 8, 2018 1 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 in relation to his representation of a client and the client’s company after being retained to negotiate or file civil actions to collect unpaid medical bills owed to the client and the client’s company.
Based upon respondent’s admissions and the stipulation of the parties, the panel found that respondent failed to obtain specific settlement authority from his client in each matter, in violation of MRPC 1.2(a); failed to keep a client reasonably informed about the status of a matter, in violation of MRPC 1.4(a); failed to explain each settlement to his client through its authorized representative, in violation of MRPC 1.4(b); failed to enter into a written contingent fee agreement, in violation of MRPC 1.5(c); failed to issue a disbursement sheet for each settlement, in violation of MRPC 1.5(c); failed to notify his client promptly when settlement checks were received, in violation of MRPC 1.15(b)(1); and, failed to hold client funds separate from his own funds, in violation of MRPC 1.15(d). Respondent was also found to have violated MRPC 8.4(a) and MCR 9.104(2), (3), and (4).
In accordance with the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be suspended for 18 months, effective retroactively to April 8, 2018 the date upon which respondent could have sought reinstatement from the suspension entered in Grievance Administrator v Mark Hermiz, 17-85-GA, as agreed to by the parties, and that he be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $766.00.
/s/ Mark A. Armitage Executive Director
1 Respondent has been continuously suspended from the practice of law in Michigan since October 11, 2017. See Notice of Suspension With Conditions (By Consent), Grievance Administrator v Mark Hermiz, 17-85-GA, issued October 5, 2017.