MEMBERS LOUANN VAN DER WIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON DULCE M. FULLER SECRETARY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH BARBARA WILLIAMS FORNEY KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
STATE OF MICmGAN 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 RECEPTIONISTISECRETARY
NOTICE OF REPRIMAND AND RESTITUTION WITH CONDITION (By Consent)
Case No. 17- 20-GA Notice Issued: September 5,2017 David B. Rosenberg, P 27407, Southfield, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #6S.
Reprimand, Effective September 2,2017. The Grievance Administrator filed a formal complaint alleging that respondent committed professional misconduct by knowingly making false statements to a client, neglecting the client's legal matter, failing to communicate with the client, and failing to refund an unearned portion of an advance fee during representation for an annulment proceeding. The respondent and the Grievance Administratorfiled a Stipulation for Consent Order of Discipline, in accordance with MCR 9.11S(F)(S), which was approved by the Attorney Grievance Commission and accepted by the hearing panel.
Based upon respondent's answer and admissions contained in the stipulation ofthe parties, the panel found that respondent neglected a legal matter entrusted to him, in violation of MRPC 1.1 (c); failed to act with diligence and promptness in representing a client, in violation of MRPC 1.3; failed to keep his client informed of the status of their matter, and to comply with reasonable requests for information, in violation of MRPC 1.4(a); and failed to refund the unearned portion of an advance fee. in violation of MRPC 1.16(d). Respondent was also found to have violated MCR 9.104(1)-(3) and MRPC 8.4(b).
In accordance with the stipulation of the parties. the panel ordered that respondent be reprimanded, along with the condition that respondent attend the seminar entitled "Tips and Tools for a Successful Practice" offered by the State Bar of Michigan. Respondent was also ordered to pay restitution in the amount of $680. Costs were assessed in the amount of $808.42.
~.~ Mark A. Armitage Executive Director