STATE OF MICHIGAN Attorney Discipline Board
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner/Appellee,
v SCOTT D. NORTON, P 35717, Respondent/Appellant.
/
Case No. 18-6-GA
2020-Apr-06
ORDER DENYING RESPONDENT’S MOTION FOR RECONSIDERATION
Issued by the Attorney Discipline Board 333 W. Fort St., Ste. 1700, Detroit, MI
Respondent, Scott D. Norton, filed a motion seeking reconsideration of the Attorney Discipline Board’s February 4, 2020 opinion and order affirming the hearing panel’s order imposing a 60 day suspension and restitution. The Board has considered respondent’s motion together with the response filed by the Grievance Administrator, and is otherwise fully advised;
NOW THEREFORE, IT IS ORDERED that respondent’s motion for reconsideration is DENIED for the reason that respondent has failed to demonstrate a palpable error by which the Board has been misled or to otherwise demonstrate that the February 4, 2020 decision of the Board was entered erroneously.
IT IS FURTHER ORDERED that the automatic stay pursuant to MCR 9.118(E) shall remain in effect for a period of 28 days from the date of this order.
IT IS FURTHER ORDERED that respondent's license to practice law in Michigan is SUSPENDED FOR 60 DAYS, EFFECTIVE MAY 5, 2020, and until the respondent's filing of an affidavit of compliance in accordance with MCR 9.123(A).
IT IS FURTHER ORDERED that respondent shall, on or before May 5, 2020, pay restitution in the amount of $1,500 to Martin Lemieux. 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 not be eligible for reinstatement in accordance with MCR 9.123(A) unless respondent has fully complied with the restitution provision of this order.
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. 2. 3.
4. 5.
6.
the nature and duration of the discipline imposed; the effective date of such discipline; respondent's inability to act as an attorney after the effective date of such discipline; the location and identity of the custodian of the clients' files and records which will be made available to them or to substitute counsel; 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 client's express written consent; 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 matter in which respondent is representing a client in litigation, file with the tribunal and all parties a notice of respondent's 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 respondent's 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 respondent's compensation for legal services shall be subject to the restrictions described in MCR 9.119(F).
IT IS FURTHER ORDERED that respondent shall, on or before May 5, 2020, pay costs in the amount of $2,251.88, consisting of costs assessed by the hearing panel in the amount of $2,126.88 and court reporting costs incurred by the Attorney Discipline Board in the amount of $125.00 for the review proceedings conducted on October 16, 2019. Check or money order shall be made payable to the Attorney Discipline System and submitted to the Attorney Discipline Board, 333 West Fort St., Ste. 1700, Detroit, MI 48226, for proper crediting. (See attached instruction sheet).
ATTORNEY DISCIPLINE BOARD
Dated: April 6, 2020
By:
Jonathan E. Lauderbach, Chairperson
Board members Jonathan E. Lauderbach, Michael B. Rizik, Jr., Barbara Williams Forney, James A. Fink, Karen D. O'Donoghue, Linda S. Hotchkiss, MD, Michael S. Hohauser, and Peter A. Smit concur in this decision. John W. Inhulsen did not participate.