Probation Rejected
A hearing panel’s suspension of 180 days was affirmed by the Michigan Attorney Discipline Board.
The attorney had initially failed to respond to charges but had retained counsel and sought to explain the lapses, which occurred during a time of great stress
His home suffered a catastrophic flood. (Tr 10/28/14, pp 82-84.) His firm invested an immense amount of time and resources on a product liability case against General Motors, which lost the bulk of its value once GM declared bankruptcy, causing him to layoff all of his employees. (Tr 10/28/14, pp 75-81.) His mother died unexpectedly. (Tr 10/28/14, p 84.) As a result of these misfortunes, his financial situation deteriorated and he and his wife were evicted from their home. (Tr 10/28/14, pp 103-105.) Respondent became severely and clinically depressed, and it was during this period of turmoil that he failed to answer the request for investigation at issue in this matter.
The board rejected probation in part in light of testimony of the attorney’s treating doctor
Dr. Zelnik testified unequivocally that respondent was unfit to practice law due to his severe depression and bipolar disorder. (Tr 10/28/2014, P 43.) Although he acknowledged that respondent was an “earnest patient,” he indicated that there were substantial obstacles he would have to overcome to regain his mental health and become a “fully-functioning attorney.” (Tr 10/28/2014, p 44.) Respondent agreed with Dr. Zelnik’s prognosis, and testified that he believed he was unfit to practice law in his current state. (Tr 10/28114, p 91.) He explained that he was experiencing severe depression resulting from various hardships and stresses in his life. (Tr 10/28114, pp 78-91.) He further opined that practicing law in his current state would not be “in the best interest of the client.” (Tr 10/28/14, P 91.) Although respondent sought medical help and planned on continuing treatment with Dr. Zelnik in the future, there was no detailed treatment plan in place at the time of the hearing. (Tr 10/28/14, p 124.)
The sanction requires the attorney to petition for reinstatement. (Mike Frisch)