Opinion
Misc. No. 05-X-71888.
February 22, 2007
ORDER PURSUANT TO E.D. MICH. LR 83.22
On March 2, 2006, a hearing was held before the Honorable Bernard A. Friedman, Chief U.S. District Judge, Eastern District, Michigan, and for the reasons stated on the record, William S. Lewis, Respondent ("Lewis" or "Respondent") was held to be in contempt. Further, disciplinary proceedings pursuant to E.D. Mich. LR 83.22 were commenced and pursuant to E.D. Mich. LR 83.22(c) (the "Action"), a three judge panel was empowered by Order of this Court on March 7, 2006 (the "Panel"); counsel having appeared on behalf of Lewis and a prosecutor having been appointed by this Court and the parties, subject to the approval of this Court by this Order having agreed upon a disciplinary order;
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
A. Lewis shall resign from the practice of law before any Federal Court or agency (whether the Eastern District of Michigan or otherwise), which resignation shall be placed on the record of said Federal Court and agency prohibiting Lewis from practice therein until all of the hereinafter set forth requirements for reinstatement are fulfilled, but not less than two (2) years from and after the date of an Order hercon (the "Suspension Period").
B. After two (2) years, provided Respondent has complied with all of the terms of this Order, Respondent may apply for reinstatement of practice before the Federal Courts and/or agencies if, and only if,
(a) Lewis has successfully completed not less than thirty (30) hours of continuing legal education in bankruptcy law, federal practice and procedure and ethics and has provided to the Panel written evidence and certification by a third party of the courses and their completion totaling the requisite hours; and
(b) Lewis shall have completed not less than fifteen (15) hours of course work in bankruptcy, law practice management, or similar course work at any of the accredited law schools located within the State of Michigan and/or northern Ohio. Accreditation means a law school accredited to grant a degree by the American Bar Association. The coursework herein mentioned must be completed with a grade of C or better. Lewis shall provide written evidence and certification by a third party of the courses taken, their satisfactory completion and the grade given;
(c) Respondent must cooperate with the Department of Justice (United States Attorney's Office) and/or the United States Trustee's Office in any investigation or other proceedings with regard to Richard Davis. In that regard, Lewis shall discontinue allowing Davis use of his (Lewis') license for the Bestcase Bankruptcy Software Package.
C. During the Suspension Period, Lewis is restrained from consulting on, accepting referrals, and/or assisting in any way, shape or form with regard to any bankruptcy, or other Federal matter. This includes, without limitation, referring any and all clients to attorneys licensed to practice in Michigan and/or being a bankrupty petition preparer as that term is defined in Section 110(a)(1) of the Bankruptcy Code ( 11 USC 110(a)(1)). Anything herein to the contrary notwithstanding, Lewis is permitted to represent himself before any Federal Court or agency.
Citations herein are to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, as amended, and will be hereinafter referred to as "Section No. ___".
D. Lewis shall on or before March 1, 2007, discontinue all license arrangements for bankruptcy software, including, without limitation, the Bestcase Bankruptcy Software Program, and provide written evidence of such discontinuance to the Panel. Further, Lewis shall forthwith discontinue use of any and all bankruptcy software, directly or indirectly. Lewis will, contemporaneous with the entry of an Order hereon, resign his ECF status with the Bankruptcy Clerk of the Eastern District of Michigan, Southern Division and any and all other bankruptcy clerks where he has registered regarding ECF filing.
E. Lewis shall make restitution of all costs, including attorney fees, incurred in these proceedings on or before May 1, 2007.
F. During the Suspension Period Lewis is to conduct himself so that no violations of the Code of Professional Responsibility of the State Bar of Michigan are committed and no convictions of a State Bar disciplinary matter are rendered against Respondent related to conduct occurring during the Suspension Period.
G. Lewis shall return to the Payee all fees received from Brenda J. Clark, Christine Ake and Michelle Scott on or before April 1, 2007. Further, in the matter of Michelle Scott, Lewis will either petition for reconsideration or pay sanctions imposed by the Honorable Marci Mclvor, U.S. Bankruptcy Judge, by Order dated July 11, 2006.
H. In the event of a violation of any of the duties, covenants and responsibilities set forth in the attached Agreement during this Suspension Period, this Order shall be null and void and the action shall be reinstated before the Panel, or their successors as the case may be, any successors to the Panel shall be appointed pursuant to E.D. Mich LR 83.22(e)(1).
I. Upon successful commotion of the terms and conditions of this Agreement, the sentence of thirty (30) days imprisonment set forth in the Amended Contempt Order shall be set aside. Pending completion of all terms and conditions, the 30 day sentence will be suspended unless Lewis violates the restraint against Federal practice and provisions of Paragraphs 3(a) and (b), 4, 6, 7 and 8, only.