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
SHERRY L. MIFSUD OFFICE ADMINISTRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION (By Consent)
Case No. 16-72-GA Notice Issued: November 4,2016 James E. Hall, P 41704, Temperance, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #14.
Suspension - 45 Days, Effective November 4,2016 The respondent and the Grievance Administrator filed an Amended Stipulation for 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 to the allegations that he committed professional misconduct in his representation of clients in Chapter 7 bankruptcy proceedings and by misusing his IOLT A account.
Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent failed to provide competent representation to his clients and handled a legal matter without preparation adequate in the circumstances, in violation of MRPC 1.1 and 1.1 (b); failed to seek the lawful objectives of his clients through reasonably available means permitted by the Rules of Professional Conduct and the Electronic Case Filing (ECF) requirements of the United States Bankruptcy Court, Eastern District of Michigan, in violation of MRPC 1.2(a); held funds other than client or third person funds in an IOLT A account, in violation of MRPC 1.15(a)(3) and 1.15(f); used his IOLT A account to reimburse a personal expenditure that was unrelated to client or third person funds, in violation of MRPC 1.15(a)(3); and knowingly made a false statement of material fact to a tribunal (by virtue of the electronic filing without original signatures) and failed to take reasonable remedial measures, including, disclosure to the Trustee and/or tribunal, in violation of MRPC 3.3(a)(1) and (b). Respondent was also found to have violated MRPC 8.4(a) and (b).
In accordance with the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for 45 days. In accordance with MCR 9.106(5), discipline in this case is deemed to include restitution, as ordered by United States Bankruptcy Court Judge Marci Mcivor, which respondent has already paid. Costs were assessed in the amount of $757.57. ~a~
Mark A. Armitage