Up In Smokes

A Michigan Tri-County Hearing Panel imposed a two-year suspension of an attorney who had stipulated to misconduct that included smuggling cigarettes and other contraband to an incarcerated client

Respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline pursuant to MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by Tri-County Hearing Panel #10. The stipulation contained respondent’s no contest pleas to the factual allegations and grounds for discipline set forth in the Two-Count formal complaint. Regarding Count One, respondent was retained to represent his clients in a breach of contract and conversion lawsuit but failed to file a response to a motion, drafted a fake settlement agreement, and in response to a request for investigation, admitted that he “dropped the ball” and was not honest with his clients. As a result, his clients later faced a garnishment. As to Count Two, respondent represented a client in a criminal case, who was incarcerated, and surveillance footage from respondent’s visit to the jail showed respondent meeting with his client and smuggling cigarettes to her. Additionally, recorded jail phone calls unprotected due to respondent’s failure to register his number as privileged with the phone company – revealed conversations between he and his client about bringing over-the counter medication, cigarettes, and two vape pens for respondent’s next visit, as well as discussions about concealing the contraband. Respondent later admitted to bringing six to eight cigarettes to clients during the visit.

(Mike Frisch)