Wednesday, April 20, 2011
The Michigan Attorney Discipline Board has affirmed an order revoking an attorney's license and requiring restitution to clients, rejecting the argument that the attorney's attempt to resign deprived the disciplinary system of jurisdiction
The rules governing disciplinary proceedings in Michigan make it clear that a lawyer facing disciplinary charges cannot avoid discipline - including proceedings to determine restitution - by offering to resign if an investigation or formal proceeding has commenced. With knowledge of the potential consequences, respondent elected not to answer the formal complaint in this case and chose not to appear before the panel to contest the evidence submitted by the Grievance Administrator in support of claims for restitution.
The respondent had appeared for oral argument before the Board. (Mike Frisch)