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 ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (BY CONSENT)
Case No. 17-39-GA Notice Issued: June 21, 2018 John P. Lozano, P 52862, Saginaw, Michigan, by the Attorney Discipline Board Tri-Valley Hearing Panel #1.
Suspension - 180 Days, Effective November 28,2017. Based on respondent's default, the panel found that respondent committed professional misconduct during his handling of a civil lawsuit and by failing to respond to a request for investigation.
Specifically, the hearing panel found that respondent neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to seek the client's lawful objectives through reasonably available means permitted by law, in violation of MRPC 1.2(a); failed to notify his client of all settlement offers, in violation of MRPC 1.4(a); failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); in the course of representing a client, knowingly made a false statement of material fact to a third person, in violation of MRPC 4.1; and failed to answer a request for investigation in violation of MCR 9.104(7), MCR 9.113(A), and (B)(2). Respondent was also found to have violated MCR 9.104(1 )-(3) and MRPC 8.4(a)-(c).
On November 17, 2017, the panel ordered that respondent's license to practice law in Michigan be suspended for 90 days. The Grievance Administrator filed a timely petition for review. On March 7, 2018, the parties filed a joint motion to dismiss the petition for review which was granted by the Board on April 9, 2018.
Petitioner filed a motion for order to show cause why discipline should not be increased alleging that respondent had violated the panel's Order of Suspension when he held himself out as a lawyer while he was suspended from the practice of law in Michigan. The parties 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. Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent committed professional misconduct by holding himself out as a lawyer while suspended from the practice of law in Michigan, in violation of MCR 9.119(0).
June 21,2018
STATE OF MICHIGAN. ATTORNEY DISCIPLINE BOARD
Page 2
The panel ordered that respondent's license to practice law be suspended for a period of 180 days, that respondent pay restitution totaling $3,250.00, and that respondent be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $1,967.66. 1u-« a~ Mark A. Armitage Executive Director