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No. 127547
| Grievance Administrator, |
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Robert E. Edick |
Petitioner-Appellant, |
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Dina P. Dajani |
vs (Original Action from ADB)
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Gregory N. Fieger, |
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Kenneth M. Mogill |
Respondent-Appellee. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Petitioner-Appellant's Brief on Appeal>>
Petitioner-Appellant's Reply Brief>>
Respondent-Appellee's Brief on Appeal>>
Background
The Court of Appeals overturned a $15 million medical malpractice verdict in a case in which attorney Geoffrey Fieger represented the plaintiff. Several days later, Fieger appeared on two live radio broadcasts and made remarks about Court of Appeals Judges Richard Bandstra, Jane Markey, and Michael Talbot, who were on the panel in that case. The Grievance Administrator alleged that these remarks violated the Michigan Rules of Professional Conduct (MRPC) and filed a formal complaint. Ultimately, Fieger entered a conditional plea of no contest to violations of MRPC 3.5(c) (undignified or discourteous conduct toward a tribunal) and 6.5(a) (treating all persons involved in the legal process with courtesy and respect), while reserving the right to challenge the constitutionality and applicability of the rules. An order of reprimand was entered based on the no contest plea. Fieger appealed to the Attorney Disciplinary Board, which vacated the reprimand order and dismissed the formal complaint. A plurality of Board Members found the rules unconstitutional. The Grievance Administrator appeals.
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