MEMBERS REV. MICHAEL MURRAY CHAlRPERSON JONATHAN E. LAUDERBACH
VICE-CHAlRPERSON BARBARA WILLIAMS FORNEY
SECRETARY JAMES A. FINK JOHN W. INHULSEN
KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
LINDA S. HOTCHKISS, MD ANNA FRUSHOUR
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
333 WEST FORT STREET, SUITE 1700
DETROIT, MICHIGAN 48226-3147 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIA TE COUNSEL
SHERRY L. MIFSUD OFFICE ADMIN/STRA TOR
ALLY SON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION WITH CONDITIONS
Case No. 17 -S9-GA
Notice Issued: April 19, 2019
Harold C. MacDonald, P 16912, Troy, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #1 OS.
Disbarred, Effective March 16, 2018
The hearing panel found that respondent committed acts of professional misconduct in his conversion of funds from a client's living trust and another client's estate, and by failing to respond to two separate Requests for Investigation. Specifically, respondent failed to a keep client reasonably informed about the status of their matter and failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(a) and (b); failed to promptly pay or deliver funds that the client or third person is entitled to receive and failed to promptly render a full accounting of such funds, in violation of MRPC 1.1S(b)(3); failed to appropriately safeguard client funds by maintaining them in an IOL TA and/or client trust account, and converting the funds, in violation of MRPC 1.1S(d); failed to appropriately safeguard other client property in a storage facility and in his former office space, in violation of MRPC 1.1S( d); upon termination of the representation, failed to return client property consisting of the client's funds, to the client, in violation of MRPC 1.16(d); knowingly failed to respond to a lawful demand for information from disciplinary authority, in violation of MRPC 8.1(a)(2); and failed to answer a Request for Investigation in conformity with MCR 9.113(A), in violation of MCR 9.104(7). Respondent was also found to have violated MCR 9.104(1 )-(4) and MRPC 8.4(a)-(c).
The panel ordered that respondent be disbarred from the practice law in Michigan. Respondent was also ordered to pay restitution totaling $160,S4S.33. Respondent filed a timely petition for review and the Grievance Administrator filed a cross-petition for review. Upon review, the Board affirmed the hearing panel's order of disbarment, but amended the order of restitution to reflect a computation error and the inclusion of forfeited attorney fees and added a condition relative to the misconduct found, on March 19, 2019. Total costs were assessed in the amount of $3,53S.36.
a Mark A. Armitage Executive Director