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 48228-3238 PHONE: 313·983-6553 I FAX: 313·983-6571
MARK A. ARMITAGE EXECUTIVE DIRECTOR WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL SHERRY L. MIFSUD OFFICE ADMINISTRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF REPRIMAND WITH CONDITIONS (By Consent)
Case No. 17-121-GA Notice Issued: March 8, 2018 Neil A. Chaness, P40079, Farmington Hills, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #62.
Reprimand, Effective March 7, 2018 The respondent and the Grievance Administrator filed a Stipulation for Consent 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. An overdraft of the IOLTA account occurred when respondent deposited money constituting earned fees into his IOLTA account and Immediately issued checks against those funds before the checks cleared the bank. 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 an amount more than 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(2) and (3); and MRPC 8.4(a).
In accordance with the stipulation of the parties, the panel ordered that respondent be reprimanded, attend two seminars offered by the State Bar of Michigan, as well as be subject to additional conditions relevant to the established misconduct. Costs were assessed in the amount of $826.80.
y~~(lO--J~ Mark A. Armitage Executive Director