Lawyer disbarred for practicing while suspended.

Byline: Lee Dryden

A Suttons Bay attorney was disbarred by an Attorney Discipline Board panel after it was found that he practiced law while suspended.

The disbarment of Dan A. Penning, P 39322 (MiLW No. 12-100547, 1 page) was effective Feb. 20. He has been continually suspended from practice since October 2017 because of a previous disciplinary matter.

The case was assigned to Emmet County Hearing Panel No. 2, which included chairperson Stuart L. Fenton and members Joel D. Wurster and James J. Murray. Nathan C. Pitluk represented the Attorney Grievance Commission while Penning represented himself.

Penning consented to a 30-month suspension in October 2017. Based upon his admissions in the stipulation of the parties, the panel found that he committed professional misconduct by "improper use of his IOLTA account, withdrawing fees from a trust account before they were earned, failing to render accurate accountings when requested, and failing to hold client property separate from his own."

The grievance administrator filed a petition for an order to show cause on Nov. 26, 2018, seeking additional discipline for Penning's failure to comply with the 2017 suspension, when "he held himself out as a lawyer and practiced law after the effective date of his 30-month suspension," according to the disbarment notice issued June 17.

The administrator alleged that Penning "failed to notify all of his clients of the suspension of his license to practice law; accepted a new retainer or engagement fee for a legal matter without being specifically authorized to do so pursuant to the requirements of MCR 9.119(D); and, practiced law, had contact with clients or potential clients, and held himself out as an attorney while he was suspended from the practice of law," according to the hearing panel report.

Penning responded by denying that he violated the previous disciplinary order.

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