On Tuesday, June 29, 2023, the State of Michigan Attorney Disciplinary Board denied the petition for interlocutory review filed by lawyer Brian T. Dailey.
The case is entitled “Grievance Administrator, Attorney Grievance Commission v. Brian T. Dailey,” with case no. 22-77-GA
Brian T. Dailey’s petition for interlocutory review in the case of Grievance Administrator v. Brian T. Dailey was denied by the State of Michigan’s Attorney Discipline Board. His request was to review the hearing panel’s denial of his motions to dismiss based on MCR 2.116(C)(10) and the doctrine of laches. Following an examination of the pleadings and positions presented by both parties, the Board determined that interlocutory review was unnecessary at this stage and that Dailey would not face significant harm by waiting for a final judgment before pursuing an appeal.
The filing states:
“Respondent filed a Petition Seeking Interlocutory Review of the Hearing Panel’s Order of March 7, 2023, seeking interlocutory review of the hearing panel’s order denying respondent’s motions to dismiss brought under MCR 2.116(C)(10) and based on the doctrine of laches. The Grievance Administrator filed a response objecting to the respondent’s petition for interlocutory review on April 17, 2023. Respondent filed a reply to the Administrator’s response on April 24, 2023.”
The Disposition states:
“IT IS ORDERED that respondent’s petition for interlocutory review of the hearing panel’s order denying his motions to dismiss is DENIED. The Board is not persuaded that it should undertake an interlocutory review of the hearing panel’s order prior to the entry of an order of dismissal or discipline under MCR 9.115(J), or that respondent will suffer substantial harm by awaiting final judgment before taking an appeal.”
Mr. Dailey attended the Thomas M. Cooley Law School, graduating in 1987. He practices in Grosse Pointe Farms, Michigan. His info can be found on martindale.com.
A copy of the original filing can be found here.
