Michigan Attorney  Erica C. Cicchelli Reprimanded for IOLTA Misuse in Oakland County

Discipline Summary

The Attorney Grievance Commission approved, and Tri-County Hearing Panel #51 accepted, a Consent Order of Reprimand pursuant to MCR 9.115(F)(5). The order was based on the respondent’s admissions and the parties’ stipulation.

Underlying Conduct

The panel found that Cicchelli negligently selected her IOLTA account, rather than a separate personal or family bank account, to make an ACH payment for a credit card purchase. The ACH payment was not honored. As a result, the panel concluded she failed to hold the property of clients or third persons separate from her own property.

Rule Violations Found

Based on the respondent’s admissions and stipulation, the panel found violations of MRPC 1.15(d) for failure to hold client and third-party property separate from personal funds; MRPC 8.4(a) and (c) for conduct involving dishonesty and for knowingly assisting or inducing another to violate professional conduct rules; and MCR 9.104(1) through (4) for conduct prejudicial to the administration of justice and contrary to honesty and ethics.

Why This Matters

Trust accounting rules exist for one reason: client money is not a casual suggestion. Even negligent misuse of an IOLTA account triggers discipline because the risk is systemic, not personal. These cases matter precisely because they are mundane. No grand scandal, no dramatic theft. Just routine financial handling done wrong, and the system stepping in to say no.

That line matters. Quiet enforcement is still enforcement.