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 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 ADMIN/STRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION Case No. 17-89-GA Notice Issued: November 16, 2017 James H. Davies, P 23266, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #5.
Disbarred, Effective November 16, 2017 Based on respondent's admissions and the panel's order granting summary disposition, the hearing panel found that respondent committed professional misconduct in his representation of a client in litigation against builders for damages based on deficiencies in a custom built home and in his representation of another client in a delayed appeal of a criminal conviction.
The panel found that respondent neglected legal matters, in violation of MRPC 1.1 (a); failed to act with reasonable diligence and promptness when representing his clients, in violation of MRPC 1.3; failed to keep his clients reasonably informed regarding the status of their matters, in violation of MRPC 1.4; failed to refund unearned attorney fees, in violation of MRPC 1.16(d); failed to hold legal fees and expenses that have been paid in advance in a client trust account, in violation of MRPC 1.15(g); and failed to hold property of a third person in connection with representation separate from the lawyer's own property in violation of MRPC 1.15(d). Respondent was also found to have violated MCR 9.104(1)-(3) and MRPC 8.4(b).
The panel ordered that respondent be disbarred from the practice of law in Michigan and that he pay restitution to the two complainants in the total amount of $11 ,500.00. Costs were assessed in the amount of $1,899.19. ยท0~{)0--5
Mark A. Armitage Executive Director