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 ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE
RECEPT/ONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION Case No. 16-50-GA Notice Issued: December 29,2016 Scott P. Zochowski, P 54759, Troy, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #52.
Suspension - Two Years, Effective December 28,20161 Respondent was in default for his failure to file an answer to the formal complaint and did not attend the public hearing. Based on respondent's default, the hearing panel found that respondent committed professional misconduct in his representation of seven separate clients in various types of legal matters.
The panel found that respondent failed to answer seven requests for investigation in conformity with MCR 9.113(A) and (B)(2), in violation of MCR 9.104(7); failed to seek the lawful objectives of clients through reasonably available means, in violation of MRPC 1.2(a); neglected legal matters, in violation of MRPC 1.1 (c); failed to act with reasonable diligence and promptness, in violation of MRPC 1.3; failed to keep his clients reasonably informed about the status of their matters and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); failed to explain the matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(b); failed to deposit legal fees and expenses that were paid in advance into a client trust account, in violation of MRPC 1.15(g); and upon termination of representation, failed to refund unearned fees, in violation of MRPC 1.16(d). Respondent was also found to have violated MCR 9.104(1 )-(3); and MRPC 8.4(b) and (c).
The panel ordered that respondent's license to practice law be suspended for two years. The panel also ordered that respondent be required to pay restitution in the total amount of $6,850.00 to six of the complainants and seek treatment from a qualified therapist, with the frequency of counseling at the discretion of the therapist. Costs were assessed in the amount of $1,879.35.
_/-t./~Q Mark A. Armitage
1 Respondent has been continuously suspended from the practice of law in Michigan since June 2, 2016. Please see Notice of Suspension With Condition, issued June 2,2016.