On December 6, 2022, the State of Michigan Disciplinary Board ordered the Disbarment of st Joseph attorney Brian P. McMahon over a case of felony and misconduct. The Case is entitled “In the matter of Brian P. McMahon” with Case No. 22-17-AI;22-45-JC;22-46-GA.
The charges cited Michigan Rules of professional conduct 1.1 (c), 1.3, 1.4(a), 1.15 (b)(1), 1.15 (b)(3), 1.15(d), 1.16(d), 8.1(a)(1) and Michigan Court Rules MCR 9.104(6), 8.4(b), MCR 9.113 which states:
Neglect of a legal matter entrusted to the lawyer.
Failure to act with reasonable diligence and promptness in representing his client.
Failure to keep a client reasonably informed about the status of their matter.
Failure to promptly notify the client when funds or property in which the client had an interest was received.
Failure to promptly pay or deliver any funds or other property that the client is entitled to receive.
Failure to render a full accounting regarding funds he was holding for the client
Failure to hold the property of clients in connection with a representation separate from the lawyer’s own property.
Failure to safeguard client funds.
Upon termination of representation, failed to refund an unearned fee.
Knowingly made a false statement of material fact in connection with a disciplinary matter,
Engagement in conduct that involved dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer
Failure to answer a request for an investigation in conformity
The Respondent’s license to practice law in Michigan was automatically suspended on the date of the respondent’s felony convictions. Based on this conviction, the panel found that the respondent engaged in conduct that violated a criminal law of a state or of the United States, an ordinance. Additionally, based on the respondent’s default to tailing to answer the formal complaint, the hearing panel found that the respondent committed professional misconduct in his representation of two separate, unrelated clients in two separate, unrelated matters.
The Order states:
‘Count One of the formal complaints pertained to the respondent’s representation of a client and her company in the sale of a liquor license and charged that he converted the sale proceeds for his own purposes and falsely claimed in his answer to a request for an investigation that he properly safeguard his client’s portion of the funds.’
The Order Continues:
‘Count Two of the formal complaint pertained to the respondent’s representation of a client and his construction company in pursuing a breach of contract action and charged that respondent Tailed to deposit an unearned retainer into his IOLTA, billed hIs client for additional fees that were not earned, stopped communicating with his client, abandoned his client’s matter, requiring the client to retain new counsel to continue the matter, failed to refund any of the retainer or additional fees he received, and failed to answer a request for investigation filed against him regarding the above-referenced conduct.’
Upon consideration, the Hearing Panel ordered that the respondent be bisbarred.
The Disposition states:
“The hearing panel ordered that the respondent be disbarred from the practice of law in Michigan and that he pay $5,000 in restitution.”
As of today, Mr. McHahon is listed on the website of the law firm McMahon LAW, PLC as a practicing attorney. His info can be found on Linkedin. He attended Western Michigan University Cooley School of Law, graduating in 1992. McMahon practices in St Joseph, Michigan. He is licensed in Michigan, license #47477.
A copy of the original filing can be found here.