No Resignation For Convicted Michigan Attorney

The Michigan Attorney Discipline Board has denied a petition to resign of an attorney convicted of stealing $2.7 million from clients over a seven-year period.

The board interpreted the rule that provides that a “resignation may not be accepted while a request for investigation or a complaint is pending, except pursuant to an order of disbarment.”

The board

Recently, the Board has had cause to examine the meaning, effect, and application of this rule. For example, in order to process the instant filing certain questions must be answered. Is this matter to be assigned to a hearing panel? If so, what procedures should the panel follow? What prerequisites must be fulfilled prior to the entry of an order allowing resignation and imposing disbarment?

After reviewing the history of uneven application of the rule, the board concluded that it “does not create an independent mechanism for entry of an order of disbarment” and denied the petition to resign without prejudice to a disciplinary proceeding against the attorney. (Mike Frisch)