Tuesday, February 6, 2018

Resorting To Misconduct

A four year suspension has been imposed by a Hearing Panel of the Michigan Attorney Discipline Board.

The panel found that respondent collected a clearly excessive fee, in violation of MRPC 1.5(a); represented a client when the representation was materially limited by his own interests, in violation of MRPC 1.7(b); prepared a will which bequeathed himself a substantial gift from his client, in violation of MRPC 1.8(c); knowingly disobeyed an obligation of the rules of a tribunal, in violation of MRPC 3.4(c); breached his fiduciary duties under the Estate and Protective Individuals Code, in violation of MCl 700.7803 (breach of fiduciary duties); MCl 700.1502 (prudent investor rule); MCl 700.1506 (invest and manage fiduciary assets solely in interest of beneficiaries); MCl 700.5416 (applying fiduciary duty and standard of care applicable to trustee or conservator); Mel 700.5421 (conflict of interest of conservator); and knowingly failed to respond to a lawful demand for information, in violation of MRPC 8.1 (a)(2). Respondent was also found to have violated MCR 9.104(1)-(3); and MRPC 8.4(a) and (c)

UpNorthLive.com had this recent story

A northern Michigan attorney is accused of taking money from one of his clients and giving it to an East Bay Township ski resort.

David Kipley, 68, of Williamsburg is charged with embezzlement from a vulnerable adult of $100,000 or more and embezzlement from a vulnerable adult of $1,000 or more but less than $20,000.

 According to a Michigan State Police Incident Report, the Grand Traverse County Prosecutor's Office contacted police on May 15, 2017, on a possible Elder Fraud case following a complaint filed by the State of Michigan Attorney Discipline Board against Kipley on January 30, 2017.

The complaint alleged Kipley illegally donated $100,000 which belonged to an elderly woman's estate. According to the incident report, Kipley is accused of donating the money to Mount Holiday in December of 2012.

According to the report, Kipley was both a board member for Mount Holiday and responsible for the woman's estate at the time of the donation.

Kipley is due back in court on February 7 for a probable cause hearing and February 13 for a preliminary hearing.

He was issued a $25,000 personal recognizance bond.

He was also ordered to pay restitution in the bar matter. (Mike Frisch)


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