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 ATIORNEY 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 ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION Case No. 17-17-GA Notice Issued: January 22, 2018 Earl E. Erland, P 41917, Greenville, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #1.
Suspension - 45 Days, effective January 19, 2018. The hearing panel found that respondent committed acts of professional misconduct while representing his client in a commercial litigation appeal and by failing to answer a request for investigation. The panel specifically found that respondent neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to the seek the lawful objectives of a client, by filing a motion for reconsideration without client consent, in violation of MRPC 1.2(a); failed to keep his client reasonably informed about the status of a matter and comply promptly with reasonable requests for information, and/or failed to explain a matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation, in violation of MRPC 1.4; failed to return an unearned fee, in violation of MRPC 1.16(d); and failed to answer a request for investigation, in violation of MCR 9.104(7), MCR 9.113(A), and (B)(2), and MRPC 8.1 (a)(2). Respondent was also found to have violated MCR 9.104(1)-(4) and MRPC 8.4(a) and (c).
The hearing panel ordered that respondent's license to practice law in Michigan be suspended for 45 days and that respondent pay restitution totaling $2,000. Respondent filed a petition for review and request for stay and the discipline ordered by the hearing panel was automatically stayed pursuant to MCR 9.115(K). Respondent failed to file a brief in support of his petition for review and the Board issued an order dismissing his petition on October 24, 2017. Respondent filed a motion for reconsideration which was denied by the Board December 21, 2017. Total costs were assessed in the amount of $2,165.09.
1H<a~ Mark A. Armitage
Executive Director