STATE OF MICHIGAN Attorney Discipline Board
2021-Jul-13
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner, v BRYAN A. KUTCHINS, P 25288, Respondent. /
Case No. 21-26-RD
ORDER OF SUSPENSION
Issued by the Attorney Discipline Board 333 W. Fort St., Ste. 1700, Detroit, MI 48226
On May 12, 2021, the Grievance Administrator filed a Notice of Filing of Reciprocal Discipline Pursuant to MCR 9.120(C), which attached a certified copy of a December 1, 2020, order of suspension entered by the Supreme Court of Florida that suspended respondent’s license to practice law in Florida for one year, effective December 31, 2020, in a matter titled The Florida Bar v Bryan Alexander Kutchins, SC20-525. The notice further advised that the Grievance Administrator had no objection to the imposition of comparable discipline in Michigan: a one year suspension.
On May 20, 2021, this Board entered an Order Regarding Imposition of Reciprocal Discipline, ordering the parties to inform the Board in writing (i) of any objection to the imposition of comparable discipline in Michigan based on the grounds set forth in MCR 9.120(C)(1) and (ii) whether a hearing was requested.
On June 21, 2021, respondent filed a response indicating he also had no objection to the imposition of comparable discipline: a one year suspension of his license to practice law in Michigan. Neither party requested a hearing.
NOW THEREFORE, IT IS ORDERED that respondent’s license to practice law in Michigan is SUSPENDED FOR ONE YEAR EFFECTIVE AUGUST 11, 2021, and until further order of the Supreme Court, the Attorney Discipline Board or a hearing panel, and until respondent complies with the requirements of MCR 9.123(B) and MCR 9.124.
IT IS FURTHER ORDERED that from the effective date of this order and until reinstatement in accordance with the applicable provisions of MCR 9.123, respondent is forbidden from practicing law in any form; appearing as an attorney before any court, judge, justice, board, commission or other public authority; or holding himself out as an attorney by any means.
IT IS FURTHER ORDERED that, in accordance with MCR 9.119(A), respondent shall, within seven days after the effective date of this order, notify all of his active clients, in writing, by registered or certified mail, return receipt requested, of the following:
1. the nature and duration of the discipline imposed; 2. the effective date of such discipline; 3. respondents inability to act as an attorney after the effective date of such discipline;
4. the location and identity of the custodian of the clients files and records which will be made available to them or to substitute counsel;
5. that the clients may wish to seek legal advice and counsel elsewhere; provided that, if respondent was a member of a law firm, the firm may continue to represent each client with the clients express written consent;
6. the address to which all correspondence to respondent may be addressed.
IT IS FURTHER ORDERED that in accordance with MCR 9.119(B), respondent must, on or before the effective date of this order, in every mailer in which respondent is representing a client in litigation, file with the tribunal and all parties a notice of respondents disqualification from the practice of law.
IT IS FURTHER ORDERED that, respondent shall, within 14 days after the effective date of this order, file with the Grievance Administrator and the Attorney Discipline Board an affidavit of compliance as required by MCR 9.119(C).
IT IS FURTHER ORDERED that respondents conduct after the entry of this order but prior to its effective date, shall be subject to the restrictions set forth in MCR 9.119(D); and respondents compensation for legal services shalt be subject to the restrictions described in MCR 9.119(F).
IT IS FURTHER ORDERED that respondent shall, on or before August 11, 2021, pay costs in the amount of $1,516.90. Please refer to the attached cost payment instruction sheet for method and forms of payment accepted.
Dated: July 13, 2021
ATTORNEY DISCIPLINE BOARD
________________________________ Jonathan E. Lauderbach, Chairperson