2009AP957-D OLR v. Omdahl

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Professional Responsibility
Reciprocal discipline

A single public reprimand is adequate reciprocal discipline of an attorney who stipulated that he received two public reprimands in another state.

In the first incident, the attorney included two improper provisions in a contingency fee agreement. In the second incident, which involved his trust account, he failed to use reasonable efforts to ensure that non-lawyer assistants acted in accordance with his professional obligations when funds were improperly dispersed. He also released trust accounts funds to a client only upon the condition that they be used as his retainer to represent that client's son facing criminal charges. He did not inform the OLR of the reciprocal discipline.

"The only question that remains is whether the two Michigan public reprimands should be addressed in a single proceeding and opinion in this court or whether there should be two public reprimands. The OLR urges that imposing a single reprimand will, as a practical matter, effectuate identical discipline under SCR 22.22 and will promote judicial economy. We conclude that since both of the disciplinary actions in the foreign jurisdiction were public reprimands and since we are explaining that Attorney Omdahl is receiving reciprocal discipline for both public reprimands, a single public reprimand encompassing both Michigan disciplinary actions is adequate."

2009AP957-D OLR v. Omdahl

Per Curiam

Attorneys: For Appellant: Weigel, William J., Madison; For Respondent: Omdahl, Torger, Iron River, MI

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