MEMBERS LINDA S. HOTCHKISS, MD CHAIRPERSON ALAN GERSHEL
VICE-CHAIRPERSON REV. DR. LOUIS J. PRUES
SECRETARY PETER A. SMIT LINDA M. ORLANS
JASON M. TURKISH ANDREAS SIDIROPOULOS, MD
KATIE STANLEY TISH VINCENT
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
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MARK A. ARMITAGE EXECUTIVE DIRECTOR
— WENDY A. NEELEY DEPUTY DIRECTOR
— KAREN M. DALEY ASSOCIATE COUNSEL
— SHERRY MIFSUD OFFICE ADMINISTRATOR
—
OWEN R. MONTGOMERY CASE MANAGER
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JULIE M. LOISELLE RECEPTIONIST/SECRETARY
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NOTICE OF DISBARMENT AND RESTITUTION (By Consent)
Case No. 22-94-GA
Notice Issued: April 26, 2023
Russell D. Brown, P 60583, Plymouth, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #13
Disbarment, Effective April 25, 2023
1
Respondent and the Grievance Administrator filed a stipulation for consent order of discipline pursuant to 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 factual statements and allegations of misconduct set forth in the two-count formal complaint, in its entirety. Specifically, respondent admitted to sending several emails to opposing counsel that were disrespectful and disparaging while defending two clients in a civil action; and, in a separate, unrelated civil matter he was retained to file on behalf of a couple, neglecting their matter, failing to return requested documents and unearned fees, making misrepresentations to them about the status of their matter, and failing to notify them that his license to practice law had been suspended.
Based on respondent's admissions and the stipulation of the parties, the panel found that respondent neglected a legal matter, in violation of MRPC 1.1(c); failed to keep a client reasonably informed about the status of a matter, in violation of MRPC 1.4(a); failed to protect a client’s interests upon termination of representation, such as giving notice to the client, returning papers and property, and refunding unearned fees, in violation of MRPC 1.16(d); engaged in the unauthorized practice of law by holding himself out as a lawyer after his suspension, in violation of MRPC 5.5(b)(2) and MCR 9.119(E)(4); failed to treat with courtesy and respect all persons involved in the legal process, in violation of MRPC 6.5; engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, which reflects adversely on the lawyer’s honesty, trustworthiness, or fitness, in violation of MRPC 8.4(b); violated an order of discipline in violation of MCR 9.104(9); failed to notify all active clients in writing of his suspension, in violation of MCR 9.119(A); and, contacted clients during a period of suspension, in violation of MCR 9.119(E)(2). The panel also found respondent to have violated MCR 9.104(1)-(3) and MRPC 8.4(c).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be disbarred from the practice of law in Michigan, effective April 25, 2023 and that he pay restitution totaling $3,160. Total costs were assessed in the amount of $854.92.
1 Respondent’s license to practice law in Michigan has been continuously suspended since November 20, 2021. See Notice of Suspension and Restitution With Conditions, issued November 30, 2021, Grievance Administrator v Russell D. Brown, 21-11-GA.