STATE OF MICHIGAN Attorney Discipline Board 15JUN 16 AM 16: 46
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner-Appellee/Cross-Appellant, v RICHARD A. MEIER, P 38240, Respondent-Appellant/Cross-Appellee. ________________________________~ I
Case No. 12-29-GA
ORDER MODIFYING HEARING PANEL FINDINGS OF MISCONDUCT, REDUCING SUSPENSION TO REPRIMAND, AND MODIFYING ORDER OF RESTITUTION
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
On September 3, 2013, Tri-County Hearing Panel #5 issued an order in this matter suspending respondent license to practice law in Michigan for a period of 30 days and required respondent to pay restitution to two former clients. On September 16,2013, respondent filed a petition for review and request for stay and the discipline ordered by the hearing panel was automatically stayed pursuant to MCR 9.115(K). Respondent petitioned for review on the grounds that the evidence in the record does not support a finding of misconduct and, even if a misconduct finding was appropriate, the 30-day suspension imposed by the panel is excessive. The Grievance Administrator filed a cross-petition for review seeking an increase in the discipline imposed.
The Attorney Discipline Board has conducted review proceedings in accordance with MCR 9.118, and is otherwise fully advised;
NOW THEREFORE, IT IS ORDERED that, for the reasons set forth in the attached opinion, the hearing panel's findings of misconduct are MODIFIED and the allegations of professional misconduct contained in Count One of Formal Complaint 12-29-GA are DISMISSED.
IT IS FURTHER ORDERED that, as to Count Two of Formal Complaint 12-29-GA, the Board AFFIRMS the finding that respondent violated MRPC 1.4(a). The remaining allegations of professional misconduct contained in Count Two are DISMISSED.
IT IS FURTHER ORDERED that the Order of Suspension and Restitution entered in this matter on September 3,2013, is VACATED.
IT IS FURTHER ORDERED that respondent, Richard A. Meier, is hereby REPRIMANDED, effective July 15,2015.
IT IS FURTHER ORDERED that respondent shall, on or before July 15, 2015, pay restitution in the amount of $4,000.00 to Deanna Sheffer. Respondent shall file written proof of payment with the Attorney Grievance Commission and the Attorney Discipline Board within 10 days of the payment of restitution.
IT IS FURTHER ORDERED that respondent shall, on or before July 15, 2015, pay costs in the amount of $3,422.31 consisting of costs assessed by the hearing panel in the amount of $3,247.81 and court reporting costs incurred by the Attorney Discipline Board in the amount of $174.50 for the review proceedings conducted on January 22,2014. Check or money order shall be made payable to the Attorney Discipline System and submitted to the Attorney Discipline Board, 211 West Fort St., Ste. 1410, Detroit, MI 48226, for proper crediting. (See attached instruction sheet).
By:
ATTORNEY DISCIPLINE BOARD ~~)y{{!~t\-. Ja M. Cameron, Jr., Chairperson
DATED: June 16, 2015
Board members James M. Cameron, Jr., Sylvia P. Whitmer, Ph.D., Rosalind E. Griffin, M.D., Carl E. Ver Beek, Lawrence G. Campbell, Dulce M. Fuller, Louann Van Der Wiele, and Michael Murray concur in this decision.
Board Member Craig H. Lubben was absent and did not participate.
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