SUSPENSION WITH CONDITIONS (BY CONSENT)
Amanda Ann-Carmen Andrews, P75823, Port Clinton, Ohio, by the Attorney Discipline Board Tri-County Hearing Panel #7. Suspension, 120 days effective Nov. 17, 2021.1
The respondent and the grievance administrator filed a Stipulation for Consent Order of Discipline 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 she was convicted of the following in the Upper Sandusky Municipal Court of Ohio: Obstruction of Official Business, a misdemeanor, People v Amanda A. Andrews, Case No. CRB-1800341-A; Reckless Operations, 2nd Offense, a misdemeanor, People v Amanda A. Andrews, Case No. TRC- 1803084-A; Driving Under a Suspension, a misdemeanor, People v Amanda A. Andrews, Case No. TRC-1803084-C; and, Failure to Yield to An Emergency Vehicle, a misdemeanor, People v Amanda A. Andrews, Case No. TRC-1803084-D.
Additionally, the stipulation contained the respondent’s plea of no contest to the factual allegations and allegations of professional misconduct contained in the formal complaint. Specifically, that she knowingly made a false statement of material fact or law to a third person and used means that had no substantial purpose other than to delay or burden a third person during her representation of a client in a criminal home invasion matter.
The panel found that the respondent 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); knowingly made a false statement of material fact or law to a third person in violation of MRPC 4.1; used means that had no substantial purpose other than to delay or burden a third person in violation of MRPC 4.4; and, engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law where such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in violation of MRPC 8.4(b). The respondent was also found to have violated MRPC 8.4(a) and (c) and MCR 9.104(1)-(3).
In accordance with the parties’ stipulation, the panel ordered that the respondent’s license to practice law be suspended for a period of 120 days effective Nov. 17, 2021, and that she be subject to conditions relevant to the established misconduct. Total costs were assessed in the amount of $908.20.
1. The respondent has been continuously suspended from the practice of law since Sept. 8, 2021. See Notice of Suspension Pursuant to MCR 9.115(H)(1), issued Sept. 10, 2021.
DISBARMENT
Daniel C. Flint, P73983, Southfield, by Attorney Discipline Board Tri-County Hearing Panel #63. Disbarment effective Oct. 19, 2018.
The grievance administrator filed a notice of filing of reciprocal discipline pursuant to MCR 9.120(C) that attached a certified copy of an Order of Discipline disbarring the respondent, Daniel C. Flint, entered by the Disciplinary Hearing Commission of the North Carolina State Bar on Sept. 7, 2021, in North Carolina State Bar v Daniel C. Flint, 19DHC4. The Sept. 7, 2021, North Carolina disbarment was the result of the respondent’s Oct. 19, 2018, felony conviction for entering an aircraft or airport area in violation of security requirements with intent to evade security procedures and restrictions in the matter titled United States of America v Daniel Flint, US District Court, Central District of California, Western Division, Case No. CR-17-697-SJO.
An order regarding imposition of reciprocal discipline was issued by the Board on Oct. 25, 2021, ordering the parties to, within 21 days from service of the order, 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. The respondent filed an objection on Nov. 19, 2021, and requested a hearing. The matter was assigned to Tri-County Hearing Panel #63 for disposition. A hearing was held pursuant to MCR 9.120(C)(3).
On March 28, 2022, Tri-County Hearing Panel #63 ordered that the respondent be disbarred from the practice of law in Michigan effective Oct. 19, 2018, the date respondent’s license in Michigan was suspended on an interim basis as a result of his felony conviction and at the request of the grievance administrator.1 Costs were assessed in the amount of $1,772.
1. See Notice of Automatic Interim Suspension issued Nov. 1, 2018.
SUSPENSION AND RESTITUTION WITH CONDITION (PENDING APPEAL)
Stephen LaCommare, P52718, Howell, by the Attorney Discipline Board Ingham County Hearing Panel #6. Suspension, two years effective Nov. 16, 2021.1
After proceedings conducted pursuant to MCR 9.115, the panel found, by default, that the respondent committed professional misconduct, as charged in a six-count formal complaint, in his representation of four separate clients in their various legal matters; misused his IOLTA account; failed to timely answer one request for investigation; and completely failed to answer two additional requests for investigation.
Based on the respondent’s default and the evidence presented at the hearing, the panel found that the respondent with respect to counts 1-4 neglected legal matters in violation of MRPC 1.1(c); failed to act with reasonable diligence and promptness in representing clients in violation of MRPC 1.3; failed to keep his clients reasonably informed about the status of their matters and failed to comply promptly with reasonable requests for information in violation of MRPC 1.4(a); failed to take reasonable steps to protect his clients’ interests upon termination of representation, including a failure to refund any advance payment of fees that had not been earned, in violation of MRPC 1.16(d) (only as to counts 1, 2, and 4); and engaged in conduct that involved dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law where such conduct reflected adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in violation of MRPC 8.4(b) (only as to Count 3).
With regard to Count 5, the panel found that the respondent commingled and misappropriated client funds in violation of MRPC 1.15(b)(3) and MRPC 1.15(d); failed to safeguard client funds in an IOLTA in violation of MRPC 1.15(d); and misused his IOLTA by paying personal expenses from it in violation of MRPC 1.15(d) and (f).
With regard to Count 6, the panel found that the respondent knowingly failed to respond to a lawful demand for information from a disciplinary authority in violation of MRPC 8.1(a)(2); failed to answer a request for investigation in conformity with MCR 9.113(A)-(B)(2) in violation of MCR 9.104(7) and MRPC 8.1(a)(2); and engaged in conduct that violated the Michigan Rules of Professional Conduct in violation of MCR 9.104(4).
Additionally, as charged in the entire complaint, the panel found that the respondent engaged in conduct that was prejudicial to the proper administration of justice in violation of MCR 9.104(1); engaged in conduct that exposed the legal profession or the courts to obloquy, contempt, censure, or reproach in violation of MCR 9.104(2); and engaged in conduct that was contrary to justice, ethics, honesty, or good morals in violation of MCR 9.104(3).
The panel ordered that the respondent’s license to practice law be suspended for a
period of two years (effective Nov. 16, 2021, the date respondent’s interim suspension under MCR 9.115(H)(1) went into effect), that he pay restitution in the total amount of $4,250, and that he be subject to a condition relevant to the established misconduct. Costs were assessed in the amount of $2,262.45. The grievance administrator filed a timely petition for review in accordance with MCR 9.118(A), and a review hearing is scheduled for June 15, 2022.
1. The respondent has been continuously suspended from the practice of law in Michigan since Nov. 16, 2021. Please see Notice of Interim Suspension Pursuant to MCR 9.115(H)(1), issued Nov. 17, 2021.
AUTOMATIC INTERIM SUSPENSION
Brian P. McMahon, P47477, St. Joseph, effective Feb. 28, 2022.
On Feb. 28, 2022, the respondent pleaded no contest to embezzlement by agent or trustee $50,000-$100,000 in violation of MCL 750.174(6), a felony, in the matter titled People of the State of Michigan v Brian Patrick McMahon, Berrien County Circuit Court Case No. 2021000864-FH and larceny by conversion more than $20,000 in violation of MCL 750.362, a felony in the matter titled State of Michigan v Brian Patrick McMahon, Berrien County Circuit Court Case No. 2021003358-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 convictions.
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.
NOTICE OF SUSPENSION AND RESTITUTION (WITH CONDITION)
Ronald G. Pierce, P77198, Hastings, by the Attorney Discipline Board Kent County Hearing Panel #3. Suspension, one year effective Dec. 2, 2021.1
After proceedings conducted pursuant to MCR 9.115, the panel found, by default, that the respondent committed professional misconduct in his representation of a defendant in a criminal matter and when he failed to answer a request for investigation subsequently filed by that defendant. Based on the respondent’s default and the evidence presented at the hearing, the panel found that the respondent neglected his client in violation of MRPC 1.1(c); failed to act with reasonable diligence and promptness in representing his client in violation of MRPC 1.3; failed to keep his client reasonably informed about the status of a matter and failed to comply promptly with reasonable requests for information in violation of MRPC 1.4(a); failed to take reasonable steps to protect his client’s interests upon termination of representation, including a failure to refund any advance payment of fee that has not been earned, in violation of MRPC 1.16(d); failed to give candid advice to a client in violation of MRPC 2.1; and failed to answer a request for investigation in conformity with MCR 9.113(A) and (B)(2) in violation of MCR 9.104(7) and MRPC 8.1(a)(2). The panel also found violations of MCR 9.104(1)-(4) and MRPC 8.4 (c).
The panel ordered that the respondent’s license to practice law be suspended for a period of one year to run concurrently with the 180-day suspension imposed in Grievance Administrator v Ronald G. Pierce, 21- 42-GA, which became effective Dec. 2, 2021, that he pay restitution in the total amount of $600, and that he be subject to a condition relevant to the established misconduct. Costs were assessed in the amount of $1,732.49.
1. The respondent has been continuously suspended from the practice of law in Michigan since Aug. 26, 2021. Please see Notice of Interim Suspension Pursuant to MCR 9.115(H)(1), issued Aug. 26, 2021, in Grievance Administrator v Ronald G. Pierce, 21-42-GA.
REPRIMAND (BY CONSENT)
Thomas R. Quartz, P77177, Grosse Ile, by the Attorney Discipline Board Tri-County Hearing Panel #15. Reprimand effective March 11, 2022.
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 as set forth in the parties’ stipulation, the panel found that the respondent committed professional misconduct in his capacity as the owner of Michigan Accident Associates (MAA) when his appearance for the plaintiff in a case pending with the United States District Court was electronically filed after the original MAA attorney assigned to handle the case left MAA in 2017 and he thereafter failed to adequately represent his client to the extent that his client’s case was dismissed with prejudice, he was ordered to pay costs and sanctions totaling $9,172.50 as well as the defendant’s costs and attorney fees, and he was ordered to attend the new lawyer seminar hosted by the Federal Bar Association.
Specifically, and in accordance with the parties’ stipulation, the panel found that the respondent handled a matter which he knew or should have known that he was not competent to handle without associating with a lawyer who was competent to handle it in violation of MRPC 1.1(a); failed to act with reasonable diligence and promptness in violation of MRPC 1.3; failed to make reasonable efforts to ensure that the firm in which he was a partner had in effect meas| ures giving reasonable assurance that all lawyers in the firm conformed to the rules of professional conduct in violation in MRPC 5.1(a); failed to make reasonable efforts to ensure that a lawyer over whom he had direct supervisory authority conformed to the rules of professional conduct in violation in MRPC 5.1(b); failed to make reasonable efforts to ensure that the firm in which he was a partner had in effect measures giving reasonable assurance that the conduct of non-lawyers in the firm was compatible with the professional obligations of the lawyer in violation in MRPC 5.3(a); failed to make reasonable efforts to ensure that the conduct of non-lawyers in the firm over whom he had direct supervisory authority was compatible with the professional obligations of the lawyer in violation of MRPC 5.3(b); and engaged in conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach in violation of MCR 9.104(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.
REINSTATEMENT
On Feb. 8, 2022, the hearing panel issued an Order of Suspension (By Consent) suspending the respondent from the practice of law in Michigan for 30 days effective March 2, 2022. On April 1, 2022, the respondent, Bruce R. Redman, submitted an affidavit pursuant to MCR 9.123(A) showing that he has fully complied with all requirements of the Order of Suspension (By Consent). On April 1, 2022, the board was advised that the grievance administrator has no objection to the affidavit; and the Board being otherwise advised;
NOW THEREFORE,
IT IS ORDERED that the respondent, Bruce R. Redman, is REINSTATED to the practice of law in Michigan effective April 4, 2022.
AUTOMATIC INTERIM SUSPENSION
James C. Scarletta, P68858, Ypsilanti, effective Jan. 27, 2022.
On Jan. 27, 2022, the respondent pleaded nolo contendere to home invasion, 2nd degree, in violation of MCL 750.110(A)(3), a felony, in the matter titled People of the State of Michigan v James Christopher Scarletta, Washtenaw County Circuit Court Case No. 20-000654-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.
REINSTATEMENT (WITH CONDITIONS)
Jeffrey R. Sharp, P53838, Grosse Pointe Park, by the Attorney Discipline Board. Reinstated effective March 11, 2022.
The petitioner’s license to practice law in Michigan was suspended for 180 days effective March 18, 2020. On Oct. 11, 2021, the petitioner filed a petition for reinstatement pursuant to MCR 9.123 and MCR 9.124, which was assigned to Tri-County Hearing Panel #10. After a hearing on the petition, the panel concluded that the petitioner satisfactorily established his eligibility for reinstatement and on Feb. 17, 2022, issued an Order of Eligibility for Reinstatement with Conditions. On March 10, 2022, the board received written confirmation that the petitioner paid his bar dues in accordance with rules 2 and 3 of the Supreme Court Rules concerning the State Bar of Michigan.
The board issued an Order of Reinstatement with Conditions reinstating the petitioner to the practice of law in Michigan effective March 11, 2022.
AUTOMATIC INTERIM SUSPENSION
Eric J. Smith, P46186, Macomb, effective Feb. 16, 2022.
On Feb. 16, 2022, the respondent pleaded guilty to Obstruction of Justice in violation of 18 U.S.C. § 1512(b)(1), a felony, in the matter titled People of the United States of America v Eric J. Smith, U.S. District Court Eastern District Michigan Case No. 2:20-cr- 20413. 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.