MEMBERS REV. MICHAEL MURRAY CHAIRPERSON JONATHAN E. LAUDERBACH VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY
SECRETARY JAMES A. FINK JOHN W. INHULSEN KAREN D. O'DONOGHUE
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRATOR
ALL YSON M. PLOURDE CASE MANAGER
MICHAEL B. RIZIK, JR.
LINDA S. HOTCHKISS, MD ANNA FRUSHOUR
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF DISBARMENT
Case No. 15-49-GA
Notice Issued: March 5, 2019
Andrew L. Shirvell, P 70472, Palm Coast, Florida, by the Attorney Discipline Board Tri County Hearing Panel #11.
Disbarment - Effective April 21, 2017
Based on the evidence presented by the parties at the hearings held in this matter, the hearing panel found that respondent committed the professional misconduct alleged in Counts One and Two of the formal complaint. The panel found that respondent failed to treat all persons involved in the legal process with courtesy and respect and did so because of a pratected personal characteristic, in violation of MRPC 6.5; brought a claim in the United States District Court for alleged tortious interference with a business relationship and thereafter continued to assert the issue without a basis for doing that was not frivolous, in violation of MRPC 3.1; filed an appeal of the United States District Court's imposition of Rule 11 Sanctions and thereafter continued to assert the issue without a basis for doing so that was not frivolous, in violation of MRPC 3.1; engaged in conduct that involved dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b); engaged in conduct that exposed the legal profession or the courts to obloquy, contempt, censure, or reproach, in violation of MCR 9.104(2); and engaged in conduct that was contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3). Respondent was also found to have violated MCR 9.104(1) and (4); and MRPC 8.4(a) and (c).
The panel ordered that respondent be disbarred from the practice of law. Respondent filed a timely petition for review and a petition for stay of discipline pending the review proceedings. The Grievance Administrator filed an objection to respondent's request, and, on June 28, 2017, the Attorney Discipline Board denied respondent's request for a stay of discipline. Upon review, the Board affirmed the hearing panel's order of disbarment on May 8, 2018. Respondent's motion for reconsideration was denied by the Board on July 27, 2018. On August 23, 2018, respondent filed an application for leave to appeal with the Michigan Supreme Court. Respondent's application for leave to appeal was denied on February 4, 2019. Total costs were assessed in the amount of $3,846.03.
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