Lansing lawyer disbarred after guilty plea to felonies

By Lee Dryden
BridgeTower Media Newswires
 
DETROIT — A Lansing lawyer has been disbarred by an Attorney Discipline Board panel after he pleaded guilty to crimes committed while he was a public official.

The disbarment of Trevor M. Robinson was effective March 29, according to an ADB notice issued that day.

The case was assigned to Ingham County Hearing Panel No. 3, which included chairperson Lawrence J. Emery, and members Patrick R. Hogan and Eric E. Doster. Sarah C. Lindsey represented the Attorney Grievance Commission while Robinson did not appear at the hearing.

Robinson has been continuously suspended from the practice of law in Michigan since April 29, 2015, due to previous discipline.

He was suspended for three years on May 27, 2016, after it was found that he didn’t return payments and files to clients for whom he did not perform services.

Robinson’s felony charges in Eaton County stemmed from his former post as clerk of Oneida Township.

He pleaded guilty to the felonies of embezzlement of a public official; five counts of financial transaction device — steal/retain without consent; and four counts of uttering and publishing, according to the ADB notice. He also pleaded guilty to the misdemeanors of a violation of the occupation code — performing an occupation without a license; and false pretenses — $200-$1,000.

Based on Robinson’s conviction, the panel found that he “committed professional misconduct that violated a criminal law of a state or of the United States, contrary to MCR 9.104(5).”

On Oct. 6, 2016, the grievance administrator filed a Notice of Filing of Judgment of Conviction, showing Robinson’s convictions, according to the hearing panel report.

An order to show cause was issued by the Attorney Discipline Board on Oct. 10, 2016, scheduling a hearing for Dec. 1, 2016.

“Respondent did not appear, either in person, by phone or by a representative, and the panel was presented with no evidence that respondent had attempted to communicate with the Attorney Grievance Commission or the Attorney Discipline Board in order to arrange to participate in the hearing by phone hook-up at his place of incarceration,” according to the report.

The grievance administrator’s counsel argued that disbarment of Robinson is appropriate under three American Bar Association Standards: Standard 5.11(a) Failure to Maintain Personal Integrity; Standard 5.21 Failure to Maintain the Public Trust; and Standard 8.1 Prior Discipline Orders.

The administrator’s counsel also cited several aggravating factors: prior disciplinary offenses, a dishonest or selfish motive, a pattern of misconduct, multiple offenses, the vulnerability of the victims, Robinson’s substantial experience in the practice of law, an indifference to making restitution, and illegal conduct.

“Counsel stated that there was some indication in the sentencing transcript in People of the State of Michigan v Trevor Matthew Robinson, 56th Circuit Court Case No. 16-020119-FH, that respondent may have a drug problem. However, neither respondent, nor any representative on his behalf, presented any medical evidence to support that he has a drug addiction that qualifies as a mitigating factor,” the report stated.

The panel cited ABA Standard 5.21 Failure to Maintain the Public Trust, along with several others.

“Respondent was serving as the Township Clerk in the Township of Oneida at the time of the offenses set forth in the charges against him and that his conduct shows a failure to keep the public trust,” the report stated. “Based on respondent’s admissions in the Plea Transcripts, the panel finds that respondent knowingly misused his position. Respondent had access to the Township’s checkbook and a credit card. Respondent used them for his own personal benefit while at the time he was entrusted with them in order to forward the interests of the Township and the public that the Township acts on behalf of.”

ABA Standard 9.22(b) Dishonest and Selfish Motive also was cited by the panel.

“The panel finds that respondent’s conduct is ‘all about me’ and appears to consider himself more important than any public duty that he had when he was Township Clerk or any duty to his clients to either be truthful with them or to act on their behalf in whatever legal process they were seeking,” the report stated.

The “only possible mitigating factor” would be Robinson’s claim of an addiction problem, the panel stated, while citing a lack of evidence.

“Respondent’s statements at his sentencing are not persuasive and self-serving. The record shows that respondent was granted the opportunity to be placed in an inpatient setting to address an addiction problem and he went through the motions but left the program early and re-offended. This behavior suggests to the panel that whatever mitigation his personal problem might offer, is taken away by his failure to take advantage of those opportunities that were available to him to make recompense or to resolve the issue,” the report stated.

“After consideration of all of these factors, including the lack of any real mitigating factors, it is the panel’s unanimous decision that respondent should be disbarred from the practice of law.”

The panel ordered that Robinson not be eligible to file a petition for reinstatement until he “provides proof that he has paid the restitution ordered in the underlying criminal matters and prior disciplinary matters and to the Client Protection Fund at the State Bar of Michigan for any funds which may have been paid to respondent’s former clients,” the ADB notice stated.

Costs totaling $1,937.19 were assessed.

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