On September 16, 2021, the respondent was found guilty by jury verdict of two counts of 1st degree criminal sexual conduct with person under 13 years of age, in violation of MCL 750.520b(2)(b), and one count of 1st degree criminal sexual conduct — relationship to victim, in violation of MCL 750.520b(1)(b)(ii), felonies; in the matter titled People of the State of Michigan v Andrew Dag Babcock, 2nd Circuit Court Case No. 2020003325-FC. In accordance with MCR 9.120(B)(1), the respondent’s license to practice law in Michigan was automatically suspended on the date of his felony conviction.
Upon the filing of a certified judgment of conviction, this matter will be assigned to a hearing panel for further proceedings. The interim suspension will remain in effect until the effective date of an order filed by a hearing panel.
REPRIMAND (BY CONSENT)
Jack L. Berman, P10737, Utica, by the Attorney Discipline Board Tri-County Hearing Panel #106. Reprimand, effective October 16, 2021.
The respondent and the grievance administrator filed a Stipulation for Consent Order of Discipline and Waiver, pursuant to MCR 9.115(F)(5), that was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based upon the respondent’s admissions, the panel found that the respondent committed professional misconduct as the result of his improper use of his IOLTA account in April 2020.
Specifically, and in accordance with the parties’ stipulation, the panel found that the respondent deposited his own funds into an IOLTA in an amount more than reasonably necessary to pay financial institution service charges or fees in violation of MRPC 1.15(f); and failed to promptly deposit expenses that had been paid in advance into a client trust account, in violation of MRPC 1.15(g).
In accordance with the stipulation of the parties, the hearing panel ordered that the respondent be reprimanded. Costs were assessed in the amount of $772.50.
NOTICE OF REPRIMAND WITH CONDITIONS (BY CONSENT)
Paul W. Broschay, P36267, Detroit, by the Attorney Discipline Board Tri-County Hearing Panel #5. Reprimand, effective October 14, 2021.
The respondent and the grievance administrator filed a Stipulation for Consent Order of Discipline and Waiver, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained the respondent’s admission that he was convicted on November 10, 2020, of one count of indecent exposure, a misdemeanor, in violation of MCL 750.335A, in People of the State of Michigan v Paul W. Broschay, 3rd Circuit Court Case No. 20-002953-FH.
Based on the respondent’s conviction, admissions, and the parties’ stipulation, the panel found that the respondent committed professional misconduct when he engaged in conduct that violated a criminal law of a state or of the United States, an ordinance, or tribal law pursuant to MCR 2.615, in violation of MCR 9.104(5).
In accordance with the stipulation of the parties, the hearing panel ordered that the respondent be reprimanded and subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $907.
REPRIMAND (BY CONSENT)
Susan E. Fairchild, P41908, Detroit, by the Attorney Discipline Board Tri-County Hearing Panel #22. Reprimand, effective October 22, 2021.
The respondent and the grievance administrator filed a Stipulation for Consent Order of Discipline and Waiver, pursuant to MCR 9.115(F)(5), that was approved by the Attorney Grievance Commission and accepted by the hearing panel. Based upon respondent’s admissions, the panel found that the respondent committed professional misconduct in the course of her employment as an assistant United States attorney.
Specifically, and in accordance with the parties’ stipulation, the panel found that the respondent failed to correct a false statement of material fact or law to a tribunal, in violation of MRPC 3.3(a)(1); and during a trial, alluded to a matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, in violation of MRPC 3.4(e). The respondent was also found to have violated MRPC 8.4(c) and MCR 9.104(1)-(2).
In accordance with the stipulation of the parties, the hearing panel ordered that the respondent be reprimanded. Costs were assessed in the amount of $750.
REPRIMAND
Philip B. Navarre, P38819, Jackson, by the Attorney Discipline Board Washtenaw County Hearing Panel #1. Reprimand, effective October 16, 2021.
After proceedings held in accordance with MCR 9.115 and based on the evidence presented by the parties at the hearings held in this matter, the hearing panel found that the respondent committed professional misconduct during his representation of an employee of a tavern in litigation respondent commenced against a brother of the deceased owner of the tavern.
Specifically, the panel found that the respondent offered evidence that he knew to be false, or if later having learned of its falsity, failed to take reasonable remedial action to correct the record, in violation of MRPC 3.3(a)(3). The respondent was also found to have violated MRPC 8.4(a) and MCR 9.104(4).
The respondent was reprimanded. Total costs were assessed in the amount of $4,423.22.
SUSPENSION PURSUANT TO MCR 9.115(H)(1)
Steven Edward Phillips, P76651, Grand Rapids, by the Attorney Discipline Board Kent County Hearing Panel #3. Suspension, effective October 19, 2021.
The respondent failed to appear at the October 11, 2021, hearing and satisfactory proofs were entered into the record that the respondent possessed actual notice of the proceedings. As a result, the hearing panel issued an order of suspension in accordance with MCR 9.115(H)(1) effective October 19, 2021, and until further order of the panel or the board.
AUTOMATIC INTERIM SUSPENSION
Anthony J. Semaan, P37589, Livonia, effective November 2, 2021.
On November 2, 2021, the respondent pleaded guilty to embezzlement of $50,000 or more, but less than $100,000, in violation of MCL 750.174(6), a felony, in the matter titled People of the State of Michigan v Anthony Joseph Semaan, Wayne County Circuit Court Case No. 21-00349801-FH. The respondent’s plea was accepted by the court the same day. In accordance with MCR 9.120(B)(1), the respondent’s license to practice law in Michigan was automatically suspended on the date of his felony conviction.
Upon the filing of a certified judgment of conviction, this matter will be assigned to a hearing panel for further proceedings. The interim suspension will remain in effect until the effective date of an order filed by a hearing panel.
SUSPENSION PURSUANT TO MCR 9.115(H)(1)
John H. Underhill, P42326, Adrian, by the Attorney Discipline Board Livingston County
Hearing Panel #1. Suspension, effective October 28, 2021.
The respondent failed to appear at the October 21, 2021, hearing and satisfactory proofs were entered into the record that the respondent possessed actual notice of the proceedings. As a result, the hearing panel issued an order of suspension in accordance with MCR 9.115(H)(1) effective October 28, 2021, and until further order of the panel or the board.