MEMBERS LOUANN VAN DERWIELE 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 ADMINISTRA TOR ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION Case No. 16-55-GA Notice Issued: January 2, 2018 Otis M. Underwood, Jr., P 21678, Oxford, Michigan, by the Attorney Discipline Board, affirming Tri-County Hearing Panel #71's order of suspension.
Suspension - 179 Days, Effective August 29, 2017. The Grievance Administrator filed a formal complaint alleging that respondent committed professional misconduct during protracted proceedings resulting from the issuance of a workers compensation check issued over fifteen years ago, stemming from respondent's representation of a client in three separate actions directly related to an auto accident that occurred during the course of his client's employment. The hearing panel found that respondent committed professional misconduct by bringing a proceeding or asserting an issue therein that was frivolous, in violation of MRPC 3.1; and, in an ex parte proceeding, failing to inform the tribunal of all material facts that were known to the lawyer, in violation of MRPC 3.3(d). Respondent was also found to have violated MCR 9.104(1)-(4) and MRPC 8.4(a) and (c).
The hearing panel ordered that respondent's license to practice law in Michigan be suspended for 179 days. The Grievance Administrator filed a petition for review. Upon review, the Board affirmed the hearing panel's order of suspension on November 30,2017. Total costs were assessed in the amount of $3,361.69.
/"1 /1 / /l ~-2-~ V___~__'__S:) Mark A. Armitage Executive Director