MEMBERS LOUANN VAN DER WIELE 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 IEXECUTIVE 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 DISBARMENT
Case No. 15-72-GA Notice Issued: January 25,2018 Timothy H. McCarthy, Jr., P 74698, Okemos, Michigan, by the Attorney Discipline Board Ingham County Hearing Panel #5.
Disbarred, Effective March 18, 2017 The hearing panel found that respondent committed acts of professional misconduct in his representation of a client for medical malpractice claims arising out of an alleged unnecessary procedure performed on the client. Specifically, respondent neglected his client's legal matter, in violation of MRPC 1.1 (c); failed to act with reasonable diligence and promptness in representing his client, in violation of MRPC 1.3; failed to keep his client reasonably informed about the status of the matter and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); made repeated misrepresentations to his client regarding the status of her matter and his purported efforts on her behalf, in violation of MRPC 8.4(b); made misrepresentations of the facts or circumstances surrounding a request for investigation, in violation of MCR 9.104(6); and made misrepresentations in his answer to the request for investigation, in violation of MCR 9.113(A). Respondent was also found to have violated MCR 9.104(1)-(4) and MRPC 8.4(a).
The panel ordered that respondent be disbarred from the practice law in Michigan. Respondent filed a timely petition for review and a petition for stay of discipline pending the review proceedings. The Board denied respondent's petition for stay of discipline on March 17, 2017, and affirmed the hearing panel's order of disbarment on August 30, 2017. On September 28, 2017, respondent filed an application for leave to appeal with the Michigan Supreme Court. Respondent's application for leave to appeal was denied on January 3,2018. Total costs were assessed in the amount of $7,750.30.
~a~ Mark A. Armitage Executive Director