News file photo Michelle Elowski enters her car after leaving the Alcona County Courthouse in an archived photo.

ALPENA — The State of Michigan Attorney Discipline Board issued a notice of disbarment and restitution of $266,091.90 for Michelle Elowski, a former Alpena attorney, on Friday. She has filed a petition for review of the matter, meaning that the decision of disbarment and restitution will be reexamined.

Elowski was arrested on Feb. 1, 2024, the News previously reported. She was originally charged with two counts of common law fraud, one count of check fraud with non-sufficient funds of $500 or more, one count of embezzlement by a trustee of $1,000 or more but less than $20,000, and one count of embezzlement by a trustee of $50,000 or more but less than $100,000.

On Jan. 16, 2025, Elowski pleaded no contest to one count of embezzlement by a trustee of $1,000 or more but less than $20,000 and one count of check fraud with non-sufficient funds of $500 or more, according to MiCourt. All other charges were dismissed. She was sentenced to eight months in jail and two years probation for those offenses last year on Feb. 18 in the Oscoda County 23rd Circuit Court.

Michael Goetz, grievance administrator of the Michigan Attorney Grievance Commission, filed a formal complaint against respondent Elowsk, the notice of disbarment states. Based on respondent’s default, meaning Elowski failed to file a response in the legally allowed time, witness testimony corroborated the findings, the documentary evidence supporting the allegations in the formal complaint, and respondent’s no contest plea to the criminal charges in People of the State of Michigan v Michelle Lynn Elowski, the panel found that respondent misappropriated funds from several clients in matters for which respondent had been retained, and in doing so, engaged in illegal conduct that resulted in her criminal conviction.

The panel found that based on respondent’s default and the evidence presented by the grievance administrator established that respondent failed to act with reasonable diligence and promptness in representing a client, in violation of the Michigan Rules of Professional Conduct (MRPC) 1.3; failed to keep her clients informed as to the status of their cases, in violation of MRPC 1.4(a); and 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), the notice states.

Elowski also failed to pay or deliver funds or other property that a client or third person was entitled to receive, in violation of MRPC 1.5(b)(3); failed to hold the property of the client or third person in connection with representation separate from the lawyer’s own property by depositing funds into her personal account, in violation of MRPC 1.15(d); knowingly made a false statement of material fact in connection with a disciplinary matter, in violation of MRPC 8.1.(a); engaged in conduct involving dishonesty, fraud, deceit or misrepresentation and that the conduct reflected adversely on the attorney’s honesty, trustworthiness or fitness to practice as an attorney, in violation of MRPC 8.4(b).

The notice states that Elowski engaged in conduct that exposed the legal profession to obloquy, contempt, censure or reproach in violation of Michigan Court Rules (MCR) 9.104(2); engaged in conduct contrary to justice, ethics, honesty or good morals in violation of MCR 9.104(3); engaged in conduct violating the standards or rules of professional conduct, in violation of MRPC 8.4(a) and MCR 9.104(4); engaged in conduct that violated the criminal laws of the State of Michigan and the United States, an ordinance, or tribal law pursuant to MCR 2.615, in violation of MCR 9.104(5); and, knowingly made a misrepresentation of any facts or circumstances surrounding a request for investigation or complaint, in violation of MCR 9.104(6).

The panel ordered that respondent be disbarred, effective Jan. 30, and that she pay restitution totaling $266,091.90. Costs were assessed in the amount of $3,933.69. On Jan. 29, respondent timely filed a petition for review pursuant to MCR 9.118.

Elowski’s petition for review is currently pending before the attorney discipline board.