Wednesday, May 9, 2007
The Michigan Attorney Discipline Board affirmed a consented-to disposition in a case where the attorney had been charged with a number of ethics violations including neglect, failure to communicate and misrepresentations to a client. The lawyer had filed suit on behalf of the client against a casket company. The suit was dismissed with prejudice and the lawyer failed to advise the client. He also wrote her a post-dismissal letter that indicated that the suit was progressing. The lawyer and Bar Counsel agreed that he had violated the neglect-type charges and the dishonesty-type charges were dismissed as part of the consent process.
Interestingly, the appeal of the reprimand came from the former client, who felt the consent was too lenient and was concerned about the agreement to not pursue the dishonesty charges. The Board affirmed the consent notwithstanding the victim's concerns, finding no basis to second-guess the exercise of prosecutorial discretion by Bar Counsel. (Mike Frisch)