AUTOMATIC INTERIM SUSPENSION

Charles Hua Cui, P65379, Chicago, Illinois, effective Dec. 21, 2023.

On Dec. 21, 2023, the respondent was convicted by guilty verdict of bribery involving federal programs; false statements to the Federal Bureau of Investigation; and use of interstate commerce to facilitate illegal activity which constitute violations of 18 USC Secs, 666(a)(2); 1001(a)(2); and 1952(a)(3) and (2) in United States of America v. Charles Cui, et al., US District Court for the Northern District of Illinois, Case No. 1:19-cr-00322. Upon the respondent’s conviction and in accordance with MCR 9.120(B)(1), the respondent’s license to practice law in Michigan was automatically suspended.

Upon the filing of a 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 under MCR 9.115(J).

AMENDED NOTICE OF ORDER IMPOSING NO DISCIPLINE

Kenneth M. Essad, P36638, Warren, by the Attorney Discipline Board Tri-County Hearing Panel #108. Order imposing no discipline, effective Jan. 31, 2024.

The hearing panel found that the respondent committed misconduct while representing the plaintiff mother in proceedings to, in part, modify parenting time and child support when he sent email messages directly to the defendant father, whom he knew to be represented by counsel, in violation of MRPC 4.2(a).

The panel majority concluded that the specific facts and circumstances presented in this case warranted the entry of an order which imposes no discipline. Actual costs were assessed in the amount of $1,681.50.

SUSPENSION

Garrett C. Kerr, Frankenmuth, by the Attorney Discipline Board Tri-Valley Hearing Panel #4. Suspension, one year, effective Jan. 30, 2024. After proceedings conducted pursuant to MCR 9.115, the panel found by default that the respondent committed professional misconduct during his employment as a law clerk at a Michigan law firm. As a condition of the respondent’s employment at the firm, he was supposed to apply for admission to the State Bar of Michigan. In July 2021, the respondent told his employer that he had not actually applied to become licensed to practice law in Michigan1 and he was terminated from the firm. After the respondent’s termination, his former employer discovered that the respondent had held himself out to several clients as a Michigan-licensed attorney despite specific instructions that he not sign any pleadings, appear in court, or offer any legal advice to clients. The respondent rendered legal advice, signed retainer agreements, took or intended to take money from clients in exchange for legal services, and otherwise engaged in the practice of law in Michigan. In addition, the respondent failed to answer a grievance administrator’s request for investigation inquiring into the respondent’s employment at the firm.

Based on the respondent’s default, the hearing panel found that the respondent engaged in the unauthorized practice of law in violation of MRPC 5.5 and MRPC 8.1(b)(1); engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of MRPC 8.4(b); neglected a legal matter entrusted to the lawyer in violation of MRPC 1.1(c); failed to seek the lawful objectives of a client in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his clients in violation of MRPC 1.3; failed to keep his clients reasonably informed about the status of a matter and comply promptly with reasonable requests for information in violation of MRPC 1.4(a); violated or attempted to violate the Rules of Professional Conduct in violation of MRPC8.4(a); engaged in conduct prejudicial to the administration of justice in violation of MRPC 8.4(c) and MCR 9.104(1); engaged in conduct that exposes the legal profession to obloquy, contempt, censure, or reproach in violation of MCR 9.104(2); engaged in conduct that is contrary to justice, ethics, honesty, or good morals in violation of MCR 9.104(3); engaged in conduct that violates the standards or rules of professional responsibility adopted by the Supreme Court in violation of MCR 9.104(4); and failed to respond to a request for investigation in violation of MCR 9.104(7) and 9.113(B)(3).

The panel ordered that the respondent be suspended for one year, effective Jan. 30, 2024, and that, should the respondent seek licensure, special admission, or other permission to practice as an attorney in Michigan, he shall disclose this disciplinary sanction to the admitting court, agency, or other authority. Costs were assessed in the amount of $1,897.69.

1. Contrary to what respondent told his employer, he had applied for reciprocal admission but was rejected by the Board of Law Examiners.

DISBARMENT (BY CONSENT)

Benjamin F. Liston, P44366, Warren, by the Attorney Discipline Board St. Clair County Hearing Panel #1. Disbarment, effective Jan. 6, 2024.

The respondent and the grievance administrator filed a Stipulation for Consent Order of Disbarment pursuant to 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 admissions that he was convicted on Sept. 17, 2020, of three counts of willful neglect of duty by a public officer holding public trust (a misdemeanor) in violation of MCL 750.478 and that his conviction constituted professional misconduct.

Based on the respondent’s admissions and the stipulation of the parties, the panel found that the respondent committed professionalmisconduct 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) 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).

In accordance with the stipulation of the parties, the panel ordered that the respondent be disbarred from the practice of law in Michigan. Total costs were assessed in the amount of $794.82.

VACATING INTERIM SUSPENSION AND NOTICE OF REINSTATEMENT

Thomas J. Wilson, P33071, Lexington, by Attorney Discipline Board Genesee County Hearing Panel #3. Reinstated, effective Jan. 9, 2024.

On August 22, 2023, Genesee County Hearing Panel #3 issued an Order of Suspension Pursuant to MCR 9.115(H)(1) [Failure to Appear] suspending the respondent’s license to practice law in Michigan effective Aug. 29, 2023.¹

On Jan. 9, 2024, the panel issued an order granting respondent’s motion for reconsideration and vacating the Aug. 22, 2023, Order of Suspension Pursuant to MCR 9.115(H)(1) [Failure to Appear]. The panel’s order reinstated the respondent’s license to practice law in Michigan effective immediately.

1. See Notice of Suspension Pursuant to MCR 9.115(H)(1), issued Aug. 22, 2023.