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 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 RECEPTIONISTISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION (By Consent)
Case Nos. 17-98-JC; 17-99-GA; 17-110-JC Notice Issued: December 15,2017 Dane P. Bays, P 71208, Marquette, Michigan, by the Attorney Discipline Board Upper Peninsula Hearing Panel #1.
Disbarment, Effective October 26, 20161 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 contains respondent's admissions that he was convicted of operating while intoxicated, 2nd offense, in violation of Mel 257.62566; felony controlled substance possession, narcotic/cocaine, greater than 25 grams, in violation of MCl 333.74032A5; and probation violation. The stipulation further contains respondent's admissions that he committed professional misconduct in his representation of three separate clients in bankruptcy matters; in his representation of another client in resolving an outstanding business matter; and that he failed to respond to four requests for investigation.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent neglected legal matters entrusted to him, in violation of MRPC 1.1 (c); failed to seek his clients' lawful objectives through reasonably available means permitted by law, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3; failed to explain a matter to the extent reasonably necessary to permit his clients to make informed decisions regarding the representation, in violation of MRPC 1.4(b); failed to promptly payor deliver any funds or other property that third parties were entitled to receive, and to render a full accounting upon request by clients orthird persons, in violation of MRPC 1.15(b)(3); failed to deposit client orthird person funds in an IOlTA or non-IOlTA account, and hold the funds separate from his own, in violation of MRPC 1.15(d); upon termination of the representations, failed to take reasonable steps to protect the clients' interests, such as giving reasonable notice to the clients, allowing time for employment of other counsel, surrendering papers and property to which the clients were entitled, and refunding any advance payments of fees that had not been earned, in violation of MRPC 1.16(d); failed to make reasonable efforts to ensure that a non-lawyer
1 The date of respondent's felony conviction and automatic suspension from the practice of law.
December 15, 2017
STATE OF MICHIGAN. ATTORNEY DISCIPLINE BOARD
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subordinate's conduct was compatible with his professional obligations, in violation of MRPC 5.3(b); failed to properly supervise a non-lawyer assistant in violation of MRPC 5.3(c); and failed to answer four requests for investigation, in violation of MCR 9.104(7); MCR 9.113(A) and MeR 9.113(8)(2). Respondent was also found to have violated MRPC 8.4(a) and (c); and MCR 9.104(1)-(3).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent be disbarred from the practice of law in Michigan, effective October 26, 2016, and that he pay restitution in the total amount of $25,200.00. Costs were assessed in the amount of $1,109.10.
ยท~a~ Mark A. Armitage Executive Director