On Wednesday, October 2, 2022, the Attorney Discipline Board of the State of Michigan, issued a Notice of Suspension (By Consent) relating to the charges for attorney discipline against Brighton attorney David R. Fantera for IOLTA violations.

The case was brought by the Michigan Attorney Grievance Commission, Case Nos. 22-36-GA.

The charges cited Fantera’s violation of  Michigan Rules of Professional Conduct specifically rules 1.15(f) and 8.4(a), which state:

A lawyer may deposit the lawyer’s own funds in a client trust account only in an amount reasonably necessary to pay financial institution service charges or fees or to obtain a waiver of service charges or fees.

It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

The Michigan Rules of Professional Conduct can be found here.

According to the filing:

“Respondent and the Grievance Administrator filed a Stipulation for Consent Order Discipline, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained respondent’s admissions that he committed professional misconduct by improperly using his IOLTA account as a business account into which he deposited and maintained earned funds, and that by doing so, he effectively shielded those funds from federal and state tax authorities and/or other creditor to whom he owed payment.”

Correspondingly, in accordance with the stipulation of the parties, the hearing panel ordered that respondent’s license to practice law in Michigan be suspended for 30 days, effective November 30, 2022. Costs were assessed in the amount of $800.66.

The Board, in its Notice of Suspension (By Consent), stated:

“David R. Fantera, P 40305, Brighton, Michigan, by the Attorney Discipline Board GeneseeCounty Hearing Panel #1

Suspension – 30 days, Effective November 30, 2022”

As of today, Mr. Fontera practices in Brighton, Michigan. He has been licensed in Michigan and New York.

A copy of the original filing can be found here.