NOTICE OF REPRIMAND WITH CONDITIONS
(By Consent)
Case No. 24-19-GA
Notice Issued: May 9, 2024
Shaheen I. Imami, P 54128, Chattanooga, Tennessee
Reprimand, Effective May 2, 2024
Respondent and the Grievance Administrator filed a Stipulation for Consent Order of 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 no contest plea to the factual allegations and allegations that he committed professional misconduct by misusing his IOLTA. Specifically, respondent held a client's funds in his IOLTA long term, and disbursement of these funds was unreasonably delayed because respondent no longer had access to the client file and the bank records. In addition, respondent negligently transferred client funds to an operating account, and at times the combined balance of the operating account and IOLTA was less than the amount due to his client.
Based upon respondent's no contest plea and the stipulation of the parties, Tri-County Hearing Panel #2 found that respondent failed to preserve complete records of account funds and other property for a period of five years after termination of the representation, in violation of MRPC 1.15(b)(2); failed to promptly pay or deliver any funds or other property that the client or third person is entitled to receive, and/or, upon request by the client or third person, failed to promptly render a full accounting regarding such property, in violation of MRPC 1.15(b)(3); failed to hold property of clients or third persons in connection with a representation separate from the lawyer's own property, failed to deposit all client or third person funds in an appropriate IOLTA or non‑IOLTA account, and/or failed to identify and appropriately safeguard other property, in violation of MRPC 1.15(d); engaged in conduct that is prejudicial to the administration of justice, in violation of MRPC 8.4(c) and MCR 9.104(1); and engaged in conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2).
In accordance with the stipulation of the parties, the panel ordered that respondent be reprimanded and subject to certain conditions. Costs were assessed in the amount of $1,434.46.