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 MICIDGAN 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 RECEPTION/STISECRETARY
NOTICE OF SUSPENSION WITH CONDITION (By Consent)
Case No. 17-41-GA Notice Issued: November 15, 2017 Doris Marie Day-Winters, P 56828, lake Isabella, Michigan, by the Attorney Discipline Board Tri-Valley County Hearing Panel #2.
Suspension - 180 Days, Effective November 15, 2017. The Grievance Administrator filed a three-count formal complaint alleging that respondent committed professional misconduct from 2013 through May 2015, by misusing her IOlTA account when, on multiple occasions, she deposited personal and/or business funds, and used her IOlTA to pay personal and/or business expenses. The respondent and the Grievance Administrator filed an amended 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.
Based on respondent's admissions and the parties' stipulation, the panel found that respondent held funds other than client or third party funds in an IOlTA, in violation of MRPC 1.15(a)(3), and (d); failed to hold property of clients or third persons in connection with a representation separate from her own property, in violation of MRPC 1.15(d); deposited her own funds in an IOlTA in an amount more than reasonably necessary to pay financial institution charges or fees, in violation of MRPC 1.15(f); maintained funds in an IOlTA which were not being held in trust, in violation of MRPC 1.15A; and misused her IOlTA to directly pay her personal, and/or business expenses in violation of MRPC 1.15(a). Respondent was also found to have violated MRPC 8.4(a) and MCR 9.104(2)-(4).
In accordance with the stipulation of the parties, the panel ordered that respondent's license to practice law in Michigan be uspended for a period of 180 days a with condition relevant to the est is 'sconduct C s were assessed in the amount of $1,274.71.