News & Notices

Orders of Discipline & Disability November 2023

 

Michigan Bar Journal

 

SUSPENSION AND RESTITUTION

Raymond G. Mullins, P23101, Ypsilanti, by the Attorney Discipline Board Washtenaw County Hearing Panel #5. Suspension, 180 days, effective Oct. 13, 2023.

After proceedings conducted pursuant to MCR 9.115, the panel found, by default, that the respondent committed professional misconduct during his representation of a client in an employment discrimination matter by failing to file a response to a motion to dismiss although he was given a number of opportunities to do so, resulting in the dismissal of his client’s matter. The panel further found that in response to a request for investigation filed against him by his client, the respondent falsely responded that he had filed a response to the motion, that the court considered the motion, and granted the defendant’s request to dismiss the action.

Based on the respondent’s default, the hearing panel found that the respondent neglected a legal matter in violation of MRPC 1.1(c); failed to seek the lawful objectives of the client in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in violation of MRPC 1.3; failed to keep a 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 explain a matter to the extent reasonably necessary to permit the client to make informed decisions in violation of MRPC 1.4(b); failed to refund an unearned fee in violation of MRPC 1.16(d); knowingly made a false statement of material fact in connection with a disciplinary matter in violation of MRPC 8.1(a)(1) and MCR 9.104(6); engaged in conduct in violation of the Rules of Professional Conduct in violation of MRPC 8.4(a); engaged in conduct involving dishonesty in violation of MRPC 8.4(b); engaged in conduct that was prejudicial to the proper administration of justice in violation of MRPC 8.4(c) and 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 180 days, effective Oct. 13, 2023, and that the respondent pay restitution totaling $5,000. Costs were assessed in the amount of $1,887.13.

REPRIMAND WITH CONDITIONS (BY CONSENT)

Bart P. O’Neill, P63950, Harper Woods, by the Attorney Discipline Board Tri-County Hearing Panel #13. Reprimand, effective Sept. 9, 2023.

The respondent and the grievance administrator filed a Stipulation for Consent Order of Reprimand with Conditions pursuant to MCR 9.115(F)(5) that was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained the respondent’s admissions that he was convicted by guilty plea on June 16, 2022, of Operating While Intoxicated, 2nd Offense, a misdemeanor, in violation of MCL/PACC code 257.625(1) in People of the State of Michigan v. Bart Paul O’Neill, 16th Circuit Court, Case No. 22-0030-FH, and that his conduct in that regard constitutes professional misconduct.1

Based on the respondent’s conviction, admission 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 MRPC 8.4(b) and MCR 9.104(5).

In accordance with the stipulation of the parties, the hearing panel ordered that the respondent be reprimanded with conditions relevant to the established misconduct. Total costs were assessed in the amount of $875.

1. The judgment of sentence indicates that the respondent was convicted under MCL 257.6256B; however, that subsection relates to a conviction of someone under the age of 21. The respondent is over 21 years of age. The correct subsection for Operating While Intoxicated, 2nd Offense, is MCL 257.625(1).