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 MICmGAN ATTORNEY 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 ADMINISTRA TOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION Case No. 17-7-GA Notice Issued: February 2,2018 David M. Kipley, P 27376, Kalkaska, Michigan, by the Attorney DisCipline Board Grand Traverse County Hearing Panel #1.
Suspension - Four Years, Effective February 2,2018 Respondent filed an answer to the formal complaint and appeared at the hearings. Based on the evidence presented by the parties at the hearings held in this matter, the hearing panel found that respondent committed professional misconduct in his capacity as a conservator and personal representative; that he failed to appear or respond when subpoenaed; and that he failed to produce records requested by the Attorney Grievance Commission.
The panel found that respondent collected a clearly excessive fee, in violation of MRPC 1.5(a); represented a client when the representation was materially limited by his own interests, in violation of MRPC 1.7(b); prepared a will which bequeathed himself a substantial gift from his client, in violation of MRPC 1.8(c); knowingly disobeyed an obligation ofthe rules of a tribunal, in violation of MRPC 3.4(c); breached his fiduciary duties under the Estate and Protective Individuals Code, in violation of MCl 700.7803 (breach of fiduciary duties); MCl 700.1502 (prudent investor rule); MCl 700.1506 (invest and manage fiduciary assets solely in interest of beneficiaries); MCl 700.5416 (applying fiduciary duty and standard of care applicable to trustee or conservator); Mel 700.5421 (conflict of interest of conservator); and knowingly failed to respond to a lawful demand for information, in violation of MRPC 8.1 (a)(2). Respondent was also found to have violated MCR 9.104(1)-(3); and MRPC 8.4(a) and (c).
The panel ordered that respondent's license to practice law be suspended for a period of four years and that he be required to pay restitution to the Estate of Catherine louise Patterson in the amount of $95,980.90. Costs were assessed in the amount of $3,084.59.
a~. ~.....,... Mark A. Armitage Executive Director