REPRIMAND WITH CONDITION (BY CONSENT)

Jack L. Berman, P10737, Livonia. Reprimand, effective Jan. 29, 2025.

The respondent and the grievance administrator filed a Stipulation for Consent Order of Reprimand with Condition in accordance with MCR 9.115(F)(5) which was approved by the Attorney Grievance Commission and accepted by Tri-County Hearing Panel #2. The stipulation contained the respondent’s admissions to the factual allegations and allegations of professional misconduct set forth in the formal complaint, namely that the respondent mismanaged his IOLTA by issuing two checks that were returned unpaid because there were insufficient funds in the respondent’s IOLTA and that after being notified of the overdrafts, the respondent deposited personal or earned funds from his business checking account into his IOLTA to cover the overdrafts. The stipulation further contained the parties’ agreement that the respondent be reprimanded with the condition that he attend the lawyer trust accounts seminar offered by the State Bar of Michigan.

Based upon the respondent’s admissions as set forth in the parties’ stipulation, the panel found that the respondent failed to maintain client funds paid in advance for court costs and expenses in his IOLTA in violation of MRPC 1.15(f); deposited or kept personal or earned fees in an IOLTA in violation of MRPC 1.15(g); engaged in conduct that is contrary to justice, ethics, honesty, or good morals in violation of MCR 9.104(3); and violated or attempted to violate the Rules of Professional Conduct in violation of MRPC 8.4(a) and MCR 9.104(4).

In accordance with the stipulation of the parties, the panel ordered that the respondent be reprimanded and imposed a condition relevant to the established misconduct. Costs were assessed in the amount of $1,191.95.

INTERIM SUSPENSION PURSUANT TO MCR 9.115(H)(1)

John F. Calvin, P74477, West Bloomfield. Interim suspension, effective Jan. 29, 2025.

The respondent failed to appear before Tri- County Hearing Panel #4 for a Jan. 22, 2025, hearing and satisfactory proofs were entered into the record that he possessed actual notice of the proceedings. As a result, the hearing panel issued an Order of Suspension Pursuant to MCR 9.115(H)(1) [Failure to Appear], effective Jan. 29, 2025, and until further order of the panel or the board.

REINSTATEMENT

On Oct. 22, 2024, Tri-County Hearing Panel #53 entered an Order of Suspension with Conditions (By Consent) in this matter, suspending the respondent from the practice of law in Michigan for 30 days, effective Nov. 15, 2024. On Jan. 30, 2025, the respondent filed an affidavit pursuant to MCR 9.123(A) attesting that she has fully complied with all requirements of the panel’s order and will continue to comply with the order until and unless reinstated. No objection to the respondent’s reinstatement was filed by the grievance administrator pursuant to MCR 9.123(A), and the board being otherwise advised;

NOW THEREFORE,

IT IS ORDERED that the respondent, Kiana E. Franulic, P73015, is REINSTATED to the practice of law in Michigan, effective Friday, Feb. 7, 2025.

DISBARMENT

Mark D. Goldman, P42697, Scottsdale, Arizona. Disbarment, effective Feb. 11, 2025.¹

The grievance administrator filed a Notice of Filing of Reciprocal Discipline pursuant to MCR 9.120(C) that attached a certified copy of a Final Judgment and Order issued by the presiding disciplinary judge of the Supreme Court of Arizona disbarring the respondent from the practice of law in Arizona effective Aug. 15, 2024, in a matter titled In the Matter of a Suspended Member of the State Bar of Arizona, Mark D. Goldman, PDJ 2024-9058.

An order regarding imposition of reciprocal discipline was issued by the board on Nov. 7, 2024, ordering the parties to, within 21 days from service of the order, inform the board in writing of any objection to the imposition of comparable discipline in Michigan based on the grounds set forth in MCR 9.120(C)(1) and whether a hearing was requested. The 21-day period referenced in MCR 9.120(C)(2)(b) expired without objections by either party and the respondent was deemed to be in default. As a result, the Attorney Discipline Board ordered that the respondent be disbarred from the practice of law in Michigan. Costs were assessed in the amount of $1,525.32.

SUSPENSION WITH CONDITIONS (BY CONSENT)

Rebecca Louise McCluskey, P78345, Spring Arbor. Suspension, 30 days, effective Jan. 31, 2025.

The respondent and the grievance administrator filed a Stipulation for Consent Order of 30-Day Suspension with Conditions which was approved by the Attorney Grievance Commission and accepted by Washtenaw County Hearing Panel #1. The stipulation contained the respondent’s admission that she was convicted on Oct. 4, 2023, of operating a motor vehicle while visibly impaired, a misdemeanor, in violation of MCL 257.625(3), in the matter titled Summit Township v. Rebecca Louise McCluskey, 12 District Court Case No. 3SU522O24A. The parties’ stipulation also contained the respondent’s admission that she violated her probation for the conviction, failed to answer a request for investigation, failed to timely answer another, and committed misconduct related to the enforcement of a child support order for a client as set forth in the formal complaint.

Based on the respondent’s admissions and the stipulation of the parties, the panel found that the respondent neglected a legal matter entrusted to the lawyer in violation of MRPC 1.1(c) [count 3]; failed to act with reasonable diligence and promptness in representing a client in violation of MRPC 1.3 [count 3]; failed to keep the client reasonably informed about the status of her matter and comply promptly with reasonable requests for information in violation of MRPC 1.4(a) [count 3]; failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation in violation of MRPC 1.4(b) [count 3]; failed to withdraw from the representation of a client when the lawyer’s physical or mental condition materially impaired the lawyer’s ability to represent the client in violation of MRPC 1.16(a)(2) [count 3]; failed to refund any advance payment of fee that has not been earned in violation of MRPC 1.16(d) [count 3]; knowingly disobeyed an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists in violation of MRPC 3.4(c) [count 2]; 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) [count 3]; engaged in conduct that violates 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 connection with a disciplinary matter, knowingly made a false statement of material fact in violation of MRPC 8.1(a)(1) and MCR 9.104(6) [count 3]; and failed to answer a request for investigation in conformity with MCR 9.113(A) & (B)(2) in violation of MCR 9.104(7) [counts 2-3]. The panel also found that the respondent’s conduct to be in violation of MCR 9.104(1) and MRPC 8.4(c) [counts 2-3]; MCR 9.104(2) & (3) [all counts]; and MCR 9.104(4) [count 3].

In accordance with the stipulation of the parties, the hearing panel ordered that the respondent’s license to practice law in Michigan be suspended for 30 days, effective Jan. 31, 2025, and that she be subject to conditions relevant to the established misconduct. Total costs were assessed in the amount of $975.72.

SUSPENSION (BY CONSENT)

Mathew C. Schwartz, P54980, Southfield. Suspension, 51 months, effective Oct. 15, 2020.

The respondent and the grievance administrator filed a Stipulation for Consent Order of a 51-Month Suspension in accordance with MCR 9.115(F)(5) which was approved by the Attorney Grievance Commission and accepted by Tri-County Hearing Panel #54. The stipulation contained the respondent’s admission that he was convicted by guilty plea on Oct. 15, 2020, of Conspiracy to Defraud the United States, a felony, in violation of 18 USC §371, and Conspiracy to Commit Theft from an Organization Receiving Federal Funds, a felony, in violation of 18 USC §371 and USC §666(a)(1)(A). In accordance with MCR 9.120(B)(1), the respondent’s license to practice law in Michigan was automatically suspended effective Oct. 15, 2020, the date of the respondent’s conviction.

Based on the respondent’s admission and the stipulation of the parties, 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) 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 panel ordered that the respondent’s license to practice law in Michigan be suspended for 51 months, effective Oct. 15, 2020, the date of the respondent’s automatic interim suspension from the practice of law in Michigan for his felony convictions. Costs were assessed in the amount of $770.40.