Disciplinary Actions
NOTICE OF REPRIMAND WITH CONDITIONS
(By Consent)
Case No. 08-48-GA
Notice Issued: August 6, 2008
James C. Toth, P-44990, Almont, Michigan, by the Attorney Discipline
Board St. Clair County Hearing Panel #1.
1. Reprimand
2. Effective August 6, 2008
The respondent and the Grievance Administrator filed a stipulation
for a consent order of discipline in accordance with MCR 9.115(F)(5)
which was approved by the Attorney Grievance Commission and accepted
by the hearing panel. Respondent pled no contest to the allegations
that, in a bankruptcy matter, he engaged in conduct that is prejudicial
to the administration of justice; engaged in conduct that exposes
the legal profession or the courts to obloquy, contempt, censure,
or reproach; neglected a civil action; and knowingly assisted or
induced another to do so, or doing so through the acts of another,
in violation of MCR 9.104(A)(1)-(3); and Michigan Rules of Professional
Conduct 1.1(c); 8.4(a) and (c).
Based on the stipulation of the parties, the hearing panel ordered
that respondent be reprimanded and that he be subject to conditions
relevant to the alleged misconduct. Costs were assessed in the amount
of $767.16.
NOTICE OF SUSPENSION WITH CONDITION
(By Consent)
Case No. 08-74-JC
Notice Issued: August 7, 2008
Kenneth Lynn, P-16895, Farmington Hills, Michigan, by the Attorney
Discipline Board Tri-County Hearing Panel #70.
1. Suspension - 180 Days
2. Effective July 15, 2008
The respondent and Grievance Administrator filed a stipulation for
consent order of discipline, in accordance with MCR 9.115(F)(5),
containing respondent’s admission that he was convicted of
a high misdemeanor, in violation of MCL 750.335(a)(2)(b), in the
Oakland County Circuit Count. Based on respondent’s conviction,
the hearing panel found that respondent committed professional misconduct
in
violation of MCR 9.104(A)(5).
In accordance with the stipulation of the parties, the panel ordered
that respondent’s license to practice law in Michigan be suspended
for 180 days. The panel also ordered that respondent be subject to
a condition relevant to the admitted misconduct and assessed costs
in the amount of $35.76.
FINAL NOTICE OF REVOCATION
Case Nos. 07-146-Al; 07-172-JC
(Consolidated with Case Nos. 07-143-Al; 07-171-JC)
Notice Issued: August 7, 2008
Frederick A. MacKinnon, P-31813, Standish, Michigan, by the Attorney
Discipline Board Tri-Valley Hearing Panel #3.
1 Revocation
2. Effective August 30, 20071
Based on respondent’s conviction in the United States District
Court, Eastern District of Michigan, on 29 felony counts which included
conspiracy, filing false statements and unlawful receipt of a firearm,
in violation of 18 USC §371; 26 USC §5861(d); 26 USC §5861(l);
and 26 USC §7206(2), the hearing panel found that respondent
had committed professional misconduct in violation of MCR 9.104(A)(5).
The panel ordered that respondent’s license to practice law
in Michigan be revoked, effective August 30, 2007, the date of his
felony conviction. Costs were assessed in the amount of $1,864.35
1Respondent has been continuously suspended from the practice of
law in Michigan since August 30, 2007. Please see Notice of Automatic
Interim Suspension issued September 21, 2007.
FINAL NOTICE OF REVOCATION
Case Nos. 07-143-Al; 07-171-JC
(Consolidated with Case Nos. 07-146-Al; 07-172-JC)
Notice Issued: August 7, 2008
Gary Theunick, P-40032, West Branch, Michigan, by the Attorney Discipline
Board Tri-Valley Hearing Panel #3.
1. Revocation
2. Effective August 31, 20071
Based on respondent’s conviction in the United States District
Court, Eastern District of Michigan, on 26 felony counts which included
conspiracy, filing false statements and unlawful receipt of a firearm,
in violation of 18 USC §2; 18 USC §371; 26 USC §5845(a)(6);
26 USC §5845(a)(7); 26 USC §5861(d); 26 USC §5861(l);
and 26 USC §7206(2), the hearing panel found that respondent
had committed professional misconduct in violation of MCR 9.104(A)(5).
The panel ordered that respondent’s license to practice law
in Michigan be revoked, effective August 31, 2007, the date of his
felony conviction. Costs were assessed in the amount of $1,875.35.
1Respondent has been continuously suspended from the practice of
law in Michigan since August 31, 2007. Please see Notice of Automatic
Interim Suspension issued September 21, 2007.
NOTICE OF SUSPENSION WITH CONDITIONS
Case No. 06-131-GA
Notice Issued: August 11, 2008
Lee M. O’Brien, P-48670, Grosse Pointe Farms, Michigan, by
the Attorney Discipline Board Tri-County Hearing Panel #18.
1. Suspension - 179 Days
2. Effective August 9, 2008
The panel found that, while respondent did not personally make a
threat to the Michigan Attorney General, he did willingly act as
a conduit for the threat, on behalf of another attorney, for the
purpose of trying to impact the course of an investigation which
the Attorney General was performing. Respondent’s conduct was
in violation of MCR 9.104(A)(1)-(3); and Michigan Rules of Professional
Conduct 8.4(a) and (c).
The hearing panel ordered that respondent be suspended for 179 days
and imposed conditions relevant to the established misconduct. Costs
were assessed in the amount of $3,228.22.