On Friday, June 30, 2023, the State of Michigan Attorney Discipline Board announced that it reprimanded attorney Eldon J. Vincent for engaging in a conflict of interest with a client.
The case is entitled “In the matter of Eldon J. Vincent” with case no. 23-25-GA.
The charges cited Michigan Rules of Professional Conduct 1.8(a)(1), 8.4(c), and Michigan Court Rules 9.104(1)(2)(3) which states:
Conflict of interest by entering into a business transaction with a client or knowingly acquiring ownership adverse to a client unless the terms are f air and reasonable to the client, the client is given a reasonable opportunity to seek the advice of independent counsel, and the client consents in writing.
Engaged in conduct that is prejudicial to the administration of justice,
Engaged in conduct that exposes the legal profession to obloquy, contempt, censure, or reproach.
Engaged in conduct contrary to justice, ethics, honesty, or good morals.
A copy of the original filing can be found here.
Attorney Eldon J. Vincent admitted that he purchased stock ownership in a business entity formed by a client, offered to prepare the purchase documents, and did not advise his client in writing that he could obtain outside counsel to review the transaction.
The attorney and the Grievance Administrator filed a Stipulation for Consent Order of Discipline, pursuant to MCR 9.115(F)(5), that was approved by the Attorney Grievance Commission and accepted by the hearing panel. The parties’ stipulation contained the attorney’s admission that he committed professional misconduct when he engaged in the transaction with his client.
Based on the attorney’s admissions and the stipulation of the parties, the panel found that the attorney violated several rules of professional conduct and court rules. The panel found that the attorney engaged in a conflict of interest by entering into a business transaction with a client or knowingly acquiring ownership adverse to a client unless the terms are fair and reasonable to the client, the client is given a reasonable opportunity to seek the advice of independent counsel, and the client consents in writing, in violation of the above-cited rules.
The order states:
“In accordance with the stipulation of the parties, the hearing panel ordered that the respondent be reprimanded. Costs were assessed in the amount of $759.48.”
Mr. Vincent practices in Marshall, Michigan. He is licensed in Michigan. His info can be found on avvo.com.
A copy of the original filing can be found here.
