Motion to dismiss misconduct charges was turned down.
An attorney plans to appeal the denial of a request to dismiss misconduct charges against his client, a Birmingham lawyer who serves as an Oakland University trustee.
A Michigan Attorney Grievance Commission complaint filed earlier this year alleges that Henry Baskin had a sexual relationship with a woman he was representing in a divorce case, and didn't fully disclose to her "the possible effect that the conflict of interest could have on her representation."
On Friday, a three-attorney panel of the Michigan Attorney Discipline Board heard arguments on Baskin's motion for summary disposition.
The panel denied the motion without prejudice, meaning the issues he raised can still be brought up at a later time.
Baskin's attorney, Kenneth Mogill, said he plans to appeal the panel's decision to the full discipline board.
The formal complaint accuses Baskin of engaging in conduct that is contrary to justice, ethics, honesty or good morals; violating the rules of professional conduct adopted by the Supreme Court; and violating the criminal law against adultery. Baskin's answer to the formal complaint is due Nov. 15.
Baskin and the woman's alleged sexual relationship happened from late December 1999 to September 2003, according to the complaint. Mogill cited the "extreme delay" between the alleged acts and the April 2011 filing of the complaint as among the reasons why it should be dismissed.
Mogill has also said that an attorney involved in a bona fide long-term romantic relationship with a client that happens to begin during the course of an attorney-client relationship is not subject to professional discipline.
Robert Edick, deputy administrator of the Michigan Attorney Grievance Commission, said an adulterous relationship with a client in a divorce case is problematic because of the impact it could have on the divorce proceedings themselves. Continued...
Motion to dismiss misconduct charges was turned down.
An attorney plans to appeal the denial of a request to dismiss misconduct charges against his client, a Birmingham lawyer who serves as an Oakland University trustee.
A Michigan Attorney Grievance Commission complaint filed earlier this year alleges that Henry Baskin had a sexual relationship with a woman he was representing in a divorce case, and didn't fully disclose to her "the possible effect that the conflict of interest could have on her representation."
On Friday, a three-attorney panel of the Michigan Attorney Discipline Board heard arguments on Baskin's motion for summary disposition.
The panel denied the motion without prejudice, meaning the issues he raised can still be brought up at a later time.
Baskin's attorney, Kenneth Mogill, said he plans to appeal the panel's decision to the full discipline board.
The formal complaint accuses Baskin of engaging in conduct that is contrary to justice, ethics, honesty or good morals; violating the rules of professional conduct adopted by the Supreme Court; and violating the criminal law against adultery. Baskin's answer to the formal complaint is due Nov. 15.
Baskin and the woman's alleged sexual relationship happened from late December 1999 to September 2003, according to the complaint. Mogill cited the "extreme delay" between the alleged acts and the April 2011 filing of the complaint as among the reasons why it should be dismissed.
Mogill has also said that an attorney involved in a bona fide long-term romantic relationship with a client that happens to begin during the course of an attorney-client relationship is not subject to professional discipline.
Robert Edick, deputy administrator of the Michigan Attorney Grievance Commission, said an adulterous relationship with a client in a divorce case is problematic because of the impact it could have on the divorce proceedings themselves.
It would be a conflict of interest for an attorney to continue representing the client in that situation, he said.
Baskin, a well-known entertainment and family law attorney, is the chairman of Oakland University's Board of Trustees.
Source: http://dailytribune.com/articles/2011/09/25/online/srv0000014087537.txt
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