MEMBERS LOUANN VAN DER WIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON DULCE M. FULLER SECRETARY JAMES A. FINK JOHN W. INHULSEN JONATHANE.LAUDERBACH BARBARA WILLIAMS FORNEY KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
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 ASSOCIA TE COUNSEL SHERRY L. MIFSUD OFFICE ADMINISTRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION Case No. 17-5-GA Notice Issued: August 29,2017 Barry A. Steinway, P 24137, West Bloomfield, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #24.
Disbarred, Effective August 25, 20171 Based on respondent's default for failure to file an answer to the formal complaint, the hearing panel found that respondent committed professional misconduct in his representation of a client regarding the acceleration of a loan and possible foreclosure of a mortgage on a warehouse; in his representation of another client in the sale of a restaurant and real estate owned by two corporations in which his client was an officer; and by failing to answer to requests for investigation.
The panel found that respondent failed to keep a client reasonably informed about the status of a matter, in violation of MRPC 1.4(a); failed to explain a matter to the extent reasonably necessary for a client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); engaged in a conflict of interest by representing a client when his representation may have been materially limited by respondent's personal interests, in violation of MRPC 1.7(b)(1) and (2); failed to promptly payor deliver any funds that the clients or third parties were entitled to receive, in violation of MRPC 1.15(b)(3); used an IOlTA account as a personal and/or business checking account, by issuing checks and making electronic transfers directly from the IOlTA account in payment of personal and/or business expenses, in violation of MRPC 1.15(c) and (d); failed to hold property of clients or third persons in connection with a representation separate from respondent's own property, in violation of MRPC 1.15(d); knowingly made a false statement of material fact in an affidavit, in violation of MRPC 4.1; failed to timely answer requests for investigation, in violation of MCR 9.1 04(7), MCR 9.113(A), and MCR 9.113(B)(2); and knowingly failed to respond to lawful demands for information, in violation of MRPC 8.1 (a)(2). Respondent was also found to have violated MCR 9.104(1)-(4) and MRPC 8.4(a)-(c).
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 $313,794.06. Costs were assessed in1=to~2.0~
Mark A. Armitage, Executive Director
1 Respondent has been continuously suspended from the practice of law in Michigan since March 27,2017. Please see Notice of Interim Suspension Pursuantto MeR 9.115(H)(1), issued March 27, 2017.