Bay City lawyer Edward Czuprynski committted misconduct when he put glue in a tenant's locks and let the air out of her tires, according to a Michigan Attorney Discipline Board opinion issued July 13, 2020, suspending Czuprynski's law license effective August 11, 2020:
“We find no error in the hearing panel’s conclusion that violations of MCR 9.104(2) and (3), as charged in Count Two of the formal complaint, were established by the uncontested facts in the record below.
Furthermore, the Board is not persuaded that the hearing panel’s decision to order a 90-day suspension with a condition regarding counseling monitored by LJAP was inappropriate.
We therefore affirm the hearing panel’s order in its entirety.
We only amend the order to the extent necessary to clarify that the Monitoring Agreement in which respondent is required to participate is for monitoring his mental health.”
The Board had issued an earlier “Order of Suspension With Conditions” on July 30, 2019, but Czuprynski filed a petition for review which resulted in an automatic stay of that decision.
Per the July 13, 2020 opinion, Czuprynski, who owns EMC Development, LLC, a Michigan residential property leasing business, had “a disagreement with one of his tenants”.
According to Czuprynski, his tenant had parked in front of a garage against his wishes.
To address this “annoying, vexing behavior,” Czuprynski used a tool to flatten the tires of her truck.
He then changed the locks on her apartment and storage area without providing her with a new key.
She had the lock replaced, and then Czuprynski had it replaced, and this cycle repeated itself once more until Czuprynski began putting glue in the keyhole of each replacement lock.
He did this approximately six to eight times.
The board said Czuprynski’s actions exposed the legal profession to “contempt”, and his conduct was “contrary to justice, ethics, honesty or good morals.”
At a November 16, 2018 Attorney Grievance Commission hearing on misconduct, held in Bay City, Czuprynski didn’t deny flattening his tenant’s tires, changing the deadbolt lock, and putting glue in the keyhole, all because “she had repeatedly blocked access” to his garage with her vehicle.
Czuprynski instead argued he should not be disciplined for this conduct, however, because at all times he was acting as a “landlord and the owner of EMC Development, not as an attorney.”
The July 13, 2020 decision concluded that was contradicted by the fact that Czuprynski's conduct was sufficient to warrant a finding in a civil action in favor of his tenant on seven violations of Michigan’s Anti-Lockout Statute, seven violations of Michigan’s Consumer Protection Act, one count of trespass to personal property and damage or waste to land, and one count of trespass to personal property, with an award of $4,640 in damages plus approximately $28,000 in attorney fees.
By August 11, 2020, Czuprynski was ordered to pay $3,777.35 in hearing and court reporting costs incurred by the Attorney Discipline Board.
He has until July 20 to notify his active clients of the nature and duration of the discipline imposed, the effective date, his inability to act as an attorney after the August 11 date, and the location and identity of the custodian of his clients’ files and records.
Within 30 days before filing for restatement of his law license, Czuprynski is required to “contact the Lawyers and Judges Assistance Program (LJAP) of the State Bar of Michigan to participate in a one-year Monitoring Agreement” for his “mental health”.