MEMBERS LOUANN VAN DERWIELE 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/STRA TOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF SUSPENSION (By Consent)
Case No. 16-98-GA Notice Issued: December 16,2016 Catherine M. O'Meara, P 53823, Eastpointe, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #25.
Suspension - 30 Days, Effective December 16, 2016 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. The stipulation contained respondent's plea of no contest to the factual allegations contained in paragraphs 1-57 of the formal complaint; respondent's statement that she lacked knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 58, which charged co-respondent Marvin Barnett with certain rule violations; and respondent's admissions to the allegations of professional misconduct contained in subparagraphs 59(a)-(d) and 59(f)-(i) of the formal complaint.
Based upon respondent's plea, admissions and the stipulation of the parties, the panel found that, in her representation of a client in a criminal matter, respondent failed to communicate the basis or rate of her fee to her client, in violation of MRPC 1.5(b); engaged in a conflict of interest by representing a client when the representation of that client was or could have been materially limited by her responsibilities to another client or to a third person, or by the lawyer's own interests, in violation of MRPC 1.7(b); and during trial, alluded to a matter that the lawyer did not reasonably believe was relevant or that was not supported by admissible evidence, or stated a personal opinion as to the justness of a cause, the credibility of a witness, or the guilt or innocence of an accused, in violation of MRPC 3.4(e). Respondent was also found to have violated MRPC 8.4(a); and MCR 9.104(1 )-(4).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for 30 days. Costs were assessed in the amount of $764.26.
~~ Mark A. Armitage