MEMBERS LOUANN VAN DER WIELE CHAIRPERSON LAWRENCE G. CAMPBELL VICE-CHAIRPERSON DULCE M. FULLER SECRETARY ROSALIND E. GRIFFIN, M.D. REV. MICHAEL MURRAY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH BARBARA WILLIAMS FORNEY
STATE OF MICHIGAN 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
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION (By Consent)
Case No. 16-48-GA Notice Issued: November 2,2016 Marc J. Hollingsworth, P 65319, Oak Park, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #79.
Suspension - Three Years, Effective December 3,2017 The respondent and the Grievance Administrator filed a stipulation for a 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 contains respondent's admissions to the allegations that he committed professional misconduct in his representation of two clients in pursuit of first-party and third-party claims relating to injuries from a vehicle accident either on their own behalf or for that of a minor child; and that he failed to respond to the lawful demands for information from the Grievance Administrator.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent neglected his client's legal matter, in violation of MRPC 1.1 (c); failed to keep his clients reasonably informed about the status of their matters and comply with reasonable requests for information, in violation of MRPC 1.4(a); failed to explain the matter to the extent reasonably necessary to permit the clients to make informed decisions regarding the representation, in violation of MRPC 1.4(b); failed to communicate regarding the basis or rate of the fee, in violation of MRPC 1.5(b); failed to have a written contingent fee agreement, in violation of MRPC 1.5(c); failed to promptly notify his clients or third persons when funds in which the clients or third persons had an interest were received, in violation of MRPC 1.15(b)(1); failed to preserve complete records of account funds and other property of a client or third person for a period of five years after termination of the representation, in violation of MRPC 1.15(b)(2); failed to promptly payor deliver any funds or other property that his clients or third persons were entitled to receive, in violation of MRPC 1.15(b)(3); failed to promptly render a full accounting regarding funds or property in which the clients or third persons had an interest, upon request by the clients or third persons, in violation of MRPC 1.15(b)(3); failed to hold property of clients or third persons in connection with the representation separate from the lawyer's property and in an IOlTA or non-IOlTA account, in violation of MRPC 1.15(d); knowingly failed to respond to the lawful demands for information from the Grievance Administrator, in violation of MRPC 8.1 (a)(2). Respondent was also found to have violated MCR 9.104(1 )-(4) and MRPC 8.4(a) and (b).
November 2, 2016
8TATE OF MICHIGAN. ATTORNEY DISCIPLINE BOARD
Page 2
I n accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for three years, effective December 3, 2017, as well as subject to the condition that, upon issuance of the order of discipline, respondent would promptly request that the State Bar of Michigan reclassify his membership status to inactive and maintain the inactive status of his license through December 3, 2017. In addition, the parties stipulated, and the panel agreed, that respondent pay restitution in the amount of $2,866.66 to Falonda Wright and $5,000 to Beverly Lewis, or enter into a payment plan with each of them. The parties further agreed that, in the event respondent fails to promptly transfer to inactive status or fails to substantially comply with his LJAP contract, the Grievance Administrator may file the executed stipulation for an order of disbarment, along with a motion and affidavit attesting to respondent's failure to comply with the order of discipline. Costs were assessed in the amount of $1,001.74. ·~a~
Mark A. Armitage