In the Matter of James Michael O'Briant

On March 15, 2017 a notice of disbarment of Midland, Texas attorney, James Michael O’Briant, 57, State Bar of Texas Card No. 00788875 was issued by the State of Michigan Attorney Discipline Board in a matter styledJames M. O’Briant, P41556, Midland, Texas, by the Attorney Disciplinary Board of Tri-County Hearing Panel #23. The Michigan Attorney Discipline Board found that O'Briant, among other rule violations, in violation of MRPC 1.1 (b ); neglected six legal matters, in violation of MRPC 1.1 ( c); failed to seek the lawful objective of a client, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing a client, in violation of MRPC 1.3; failed to keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information, in violation of MRPC 1.4(a); failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation, in violation of MRPC 1.4(b ); failed to promptly render a full accounting of client funds upon request, in violation of MRPC 1.15(b)(3); failed to refund an advance payment of fee which was not earned, in violation of MRPC 1.16( d); made a false statement of material fact to a tribunal, in violation of MRPC 3.3(a)(1); failed to notify an active client of his suspension from the practice of law, in violation of MCR 9. 119(A); and failed to file a notice of disqualification with a tribunal in which he represented a client in litigation, in violation of MCR 9.119(8). Respondent was also found to have violated MRPC 8.4(b) and (c), and MCR 9.104(1)-(3). BODA Cause no. 59134.

BODA Cause Number: 
59134
Type of Matter: 
Reciprocal Discipline
Date Filed: 
Friday, June 2, 2017
Appealed to the Supreme Court: 
No
SBOT Card No.: 
00788875
Jurisdiction: 
Michigan
Docket Date: 
Tuesday, October 17, 2017