New files opened by the Attorney Discipline Board were up 21 percent in 2010 when compared to the previous year, according to the ADB’s recently released 2010 Annual Report.
The 142 new files opened by the ADB in 2010 compare to 117 new cases in 2009.
There were 77 formal complaints filed with the AGC following investigations by the Attorney Grievance Commission — a 15 percent increase from 2009.
Incompetence and neglect, criminal convictions and ignoring discipline orders accounted for most of the ADB’s activity. From the report:
As in prior years, conduct characterized by a lack of diligence, lack of competence and/or neglect of client matters was the single largest category of professional misconduct, accounting for 37% of the discipline orders issued in 2010.
These cases ranged from an attorney’s failure to provide competent or diligent representation on behalf of a single client to, in a few cases, complete abandonment of the attorney’s practice. In some cases in this category, the attorney’s neglect or mishandling of client matters was accompanied by additional misconduct including misrepresentations to the client about the status of the matter; a failure to return unearned fees; and/or failure to answer request(s) for investigation.
Twenty-four Michigan lawyers were disciplined in 2010 as the result of a criminal conviction. The seven felony convictions and 17 misdemeanor convictionsaccounted for 24% of the discipline orders issued in 2010. Nine lawyers were publicly disciplined in 2010 for a conviction of an alcohol related driving offense.
The third largest category of misconduct, accounting for 12% of all discipline orders in 2010, involved a lawyer’s failure to comply with a discipline order, including practicing law in violation of an order of suspension.
Other types of misconduct resulting in discipline in 2010 included improper handling of client funds, conflicts of interest and misrepresentation to a tribunal.
The Michigan Lawyer 