STATE OF MICHIGAN Attorney Discipline Board
2021-Apr-12
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner, v VINCENT DEMARTI PORTER, P 71535, Respondent. /
Case No. 20-82-RD
ORDER OF DISBARMENT
Issued by the Attorney Discipline Board 333 W. Fort St., Ste. 1700, Detroit, MI 48226
On November 24, 2020, in a reciprocal proceeding under MCR 9.120(C), the Grievance Administrator filed a certified copy of an order of disbarment entered by the Illinois Supreme Court on September 21, 2020, effective September 21, 2020, In the Matter of: Vincent DeMarti Porter, M.R. 030289. On December 10, 2020, this Board entered an Order Regarding Imposition of Reciprocal Discipline, directing the parties to file any objections to the imposition of reciprocal discipline within 21 days. The order also provided that if neither party filed timely objections, the respondent would be deemed to be in default, with the same effect as a default in a civil action, and the Board shall impose comparable discipline unless it appears respondent was not afforded due process in the original proceedings, or if the imposition of comparable discipline would be clearly inappropriate.
On January 13, 2021, respondent filed untimely objections to the imposition of reciprocal discipline, on the basis that he was denied due process in the original proceedings. On January 19, 2021, the Grievance Administrator filed a response to respondent's untimely objection, asserting that respondent is in default because he failed to file his objection within 21 days, and thus the Board must impose comparable discipline. The Grievance Administrator also argued that respondent was afforded due process, and that the comparable discipline of disbarment is appropriate.
On February 2, 2021, respondent filed a Motion to Set Aside Entry of Default, and the Grievance Administrator filed a response on February 22, 2021.
The Board having considered Respondent's Motion to Set Aside Entry of Default, along with the Grievance Administrator’s Response to Respondent's Motion to Set Aside Default, and is otherwise fully advised,
NOW THEREFORE, IT IS ORDERED that respondent's Motion to Set Aside Default is DENIED for the reason that respondent has failed to establish good cause for setting aside the default, and has not established a meritorious defense.
The Board has further concluded that respondent was afforded due process of law in the course of the original proceeding, and that it has not been shown that the imposition of comparable discipline in Michigan would be clearly inappropriate; therefore,
IT IS FURTHER ORDERED that respondent is DISBARRED from the practice law in Michigan EFFECTIVE MAY 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 (C) 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 May 11, 2021, pay costs in the amount of $1,519.65. Please refer to the attached cost payment instruction sheet for method and forms of payment accepted.
Dated: April 12, 2021
ATTORNEY DISCIPLINE BOARD
________________________________ Jonathan E. Lauderbach, Chairperson