STATE OF MICHIGAN Attorney Discipline Board
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
v
Petitioner,
JOYCE E. ROSENTHAL, P 19648 , Respondent. _____________________________.1
Case No. 12-6-GA
ORDER AFFIRMING HEARING PANEL ORDER OF DISMISSAL
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Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
Respondent was charged with representing a client in a criminal matter when her representation of that client was adversely affected by her representation of another client. Specifically, conflict of interest was charged under MRPC 1.7. It was also alleged that respondent failed to relay the complete plea offers in violation of MRPC 1.2(a) and 1.4(b); that respondent used information to the disadvantage of her client, in violation of MRPC 1.8(b); and that she accepted compensation from third party Hesse to represent her client Ross where there was "interference with the lawyer's independence of professional judgment," in violation of MRPC 1.8(f)(2). The matter was assigned to Tri-County Hearing Panel #74 and public hearings were conducted on April 19, 2012, and September 13, 2012. On May 14, 2013, Tri-County Hearing Panel #74, finding that professional misconduct had not been established, entered an order of dismissal.
The Grievance Administrator petitioned for review of the hearing panel's dismissal on the basis that the dismissal of the charges under MRPC 1.7 is not supported by the evidence. Upon a careful review of the whole record, the Board has determined that there is proper evidentiary support for the panel's findings, and the hearing panel's order of dismissal, entered May 14, 2013, is, therefore, AFFIRMED.
ATTORNEY DISCIPLINE BOARD ~).(a--.~
DATED: February 3, 2014
By:
Ja
M. Cameron, Jr., Chairperson
Board members Thomas G. Kienbaum, James M. Cameron, Jr., Sylvia P. Whitmer, Ph. D., Rosalind E. Griffin, M.D., Carl E. Ver Beek, Craig H. Lubben and Lawrence G. Campbell concur
in this decision.
Board members Dulce M. Fuller and Louann Van Der Wiele did not participate.