BOARD MEMBERS FREDERICK G. BUESSER, JR. JOHN L. COTE, CHAIRPERSON MSGR. CLEMENT H. KERN DAVID BAKER LEWIS, SECRETARY FRANK J. MCDEVITT, 0 . 0 . WILLIAM G. REAMON LYNN H. SHECTER. VICE-CHAIRPERSON
STATE OF MICHIGAN
JOHN F . X . DWAIHY EXECUTIVE DIRECTOR &
GENERAL COUNSEL
SUITE 1260 3 3 3 W. FORT STREET
DETROIT, MICHIGAN 4 8 2 2 6 TELEPHONE: (313) 9 6 3 - 5 5 5 3
T h i s i s to inform the Courts in the State of Michigan of the following Order of Discipline: NOTICE OF REPRIMAND File No. DP-132/80
C . MICHAEL GORTE, (P14213), 1010-112 North Niagara Street , Suite A , Saginaw, Michigan 48602, by the Attorney Discipl ine Board affirming the decision of the Hearing Panel pursuant to appeal of the panel decision by the Grievance Admini s t ra tor . (1) Reprimand; (2) Effective July 28, 1981.
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The Hearing Panel found that Respondent received a settlement check or draf t in the amount of $3,307.00 naming his c l i en t as Payee, tha t Respondent signed the name of his c l i en t on the instrument and also endorsed i t with his own signature, tha t Respondent deposited said instrument in his Trust Account on December 21, 1979, tha t Respondent did not maintain a complete account of withdrawa1,s and balances con- cerning the Trust Account, that Respondent was not authorized to endorse the instrument nor did the c l i en t consent. However, the Panel further found that the evidence was not suff ic ient t o conclude commingling or conversion, t ha t Respondent issue a check drawn upon his Trust Account made payable t o the c l i en t in the amount of $3,307.00 and mailed the same on December 28, 1979. The Panel concluded that Respondent's f a i 1u re to maintian complete records of his Trust Account constituted a violation of the Code of Professional Responsibility, Canon 9 DR9-102, ( B ) ( 3 ) , and assessed costs in the amount of $874.50. The Panel noted the following: no prior history of discipline during the period of nine (9) years in private practice; although Respondent exercised inappropriate judgement in endorsing the instrument, such action was undertaken with concern for Christmas mail congestion and the closing of his off ice for the holiday season; Respondent added his own signature to the instrument; Respondent promptly deposited the c l i e n t ' s funds i n his Trust Account; Respondent issued a check to the cl ient a t the earl i e s t practicable date under the circumstances; Respondent's check to the c l i en t was promptly honored upon presentation.
$ U p / ,
DAVID BAKER LEWIS, Secretary ATTORNEY DISCIPLINE BOARD