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 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 ADMIN/STRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 16-95-GA Notice Issued: March 27, 2017 Shawn Weera, P 57120, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #5.
Suspension - Three Years, Effective March 25, 2017. The respondent and the Grievance Administrator 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, pleas, and the stipulation of the parties, the panel found that respondent committed professional misconduct in his representation of several elderly clients in creating "asset protection plans;" providing investment advice; and, during the course of the Grievance Administrator investigations, by failing to provide requested information and by making misrepresentations in a sworn statement.
Specifically, the panel found that respondent neglected legal matters entrusted to him, in violation of MRPC 1.1 (c); failed to seek the lawful objectives of his clients through reasonably available means permitted by law, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing clients, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter and to comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); failed to notify the client promptly 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); entered into business transactions with clients, in violation of MRPC 1.8(a)(1 )-(3); failed to promptly surrender papers or property or to refund the advance payment of fees that have not been earned upon termination of the representation, in violation of MRPC 1.16(d); knowingly made a false statement of material fact in his sworn statement, in violation of MRPC 8.1 (a)(1); and knowingly misrepresented the facts and circumstances surrounding a request for investigation in violation of MCR 9.104(6). Respondent was also found to have violated MRPC 8.4(a)-(c) and MCR 9.104(1 )-(4).
The panel ordered that respondent's license to practice law be suspended for a period of three years. In addition, the parties stipulated, and the panel agreed, that respondent pay restitution in the amount of $5,685.00 to Judy Deters, and $20,000.00 to Guy Gutos. Costs were assessed in the amount of $1 ,894.73.
~a~ Mark A. Armitage . Executive Director