Legal Ethics

Citing His Age, 83-Year-Old Lawyer Says ‘Couch of Restitution’ Claims Are Absurd

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An 83-year-old Michigan lawyer says allegations that he had a “couch of restitution” are absurd.

The lawyer, Murdoch Hertzog, was suspended from practice for 180 days because of allegations he told three former clients that he would forgive or lower their legal fees if they performed sex acts on his “couch of restitution.” The Attorney Discipline Board imposed a 180-day suspension rather than a recommended 120 days, which means Hertzog will have to apply for reinstatement.

Hertzog told the Detroit News that the allegations are absurd, citing his age and lack of sexual vigor as evidence they can’t be true. Hertzog said the three women made up the allegations. “It all occurred when I wanted to get paid for my services,” he said.

The Attorney Discipline Board’s Nov. 23 opinion noted a high degree of similarity in the clients’ accounts. The opinion also noted that Hertzog had pleaded guilty to a misdemeanor assault and battery charge in 2001, but failed to report the conviction to the bar. The conviction was later set aside.

Disciplinary authorities learned about the conviction after a former client complained that she engaged in sexual activity with Hertzog, but received a bill for legal services anyway.

Hertzog doesn’t plan to appeal. “I don’t like it, but I have no way to do anything about it,” Hertzog told the Detroit News. “I’m certainly not going to go to the Supreme Court, to have them review it.”

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