In re Amoun Vang Sayaovong
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In re Amoun Vang Sayaovong
Opinion of the Court
The Director of the Office of Lawyers Professional Responsibility filed a petition and supplementary petition for disciplinary action against respondent Amoun Vang Sayaovong, alleging six counts of misconduct that occurred in Wisconsin and Minnesota. Sayaovong did not file an answer to either petition. We accordingly deemed the allegations admitted and allowed the parties to file memoranda on the appropriate discipline. Sayaovong has not filed a memorandum or otherwise appeared in this matter. The Director asserts that the appropriate sanction is disbarment. We agree.
FACTS
Sayaovong was admitted to the practice of law in Minnesota in 2008. In 2015, the Director filed a petition for disciplinary action against Sayaovong, alleging three counts of misconduct regarding: (1) misconduct underlying a 2014 Wisconsin disciplinary proceeding involving the Y.Y. and L.V. matters; (2) the C.D. matter in Minnesota; and (3) noncooperation with the Director's investigation of the 2014 Wisconsin disciplinary matters and the C.D. matter. After the Director was unable to personally serve Sayaovong, we granted the Director's application for an order for suspension under Rule 12(c)(1), Rules on Lawyers Professional Responsibility (RLPR), and gave Sayaovong 1 year to file a motion to vacate the suspension and seek leave to answer the petition. In re Sayaovong , No. A15-1320, Order at 1 (Minn. filed Oct. 23, 2015). Sayaovong did not file such a motion or respond to the petition. He has not petitioned for reinstatement and has remained suspended since October 2015.
In 2017, the Director filed a supplementary petition for disciplinary action against Sayaovong, alleging three additional counts of misconduct regarding: (1) misconduct underlying a 2015 Wisconsin disciplinary proceeding involving the P.S. and C.S. matter, as well as the D&D Auto Services, LLC matter; (2) the L.J. and M.J. matter in Minnesota; and (3) noncooperation with the Director's investigation of the 2015 Wisconsin disciplinary matters and the L.J. and M.J. matter. Sayaovong did not file an answer to the supplementary petition.
Because Sayaovong failed to respond to either petition, we deemed the allegations in the petition and supplementary petition admitted. See In re Sayaovong , A15-1320, Order at 1-2 (Minn. filed June 16, 2017); In re Sayaovong , A15-1320, Order at 1 (Minn. filed Nov. 15, 2016); see also Rules *57812(c), 13(b), RLPR. The admitted facts are as follows.
Sayaovong's misconduct that occurred in Wisconsin involves four client matters: Y.Y., L.V., P.S. and C.S., and D&D Auto Services, LLC.
Y.Y. Matter
Sayaovong represented Y.Y. in a social security administration appeal in 2009. In re Sayaovong ,
The client filed a grievance against Sayaovong with the Office of Lawyer Regulation (OLR) in Wisconsin.
L.V. Matter
L.V. hired Sayaovong to represent him in his immigration removal proceedings in 2010. Id. at 944. Sayaovong received a $4,000 retainer but never placed it into a trust account. Id. Two months later, L.V. terminated Sayaovong and requested an accounting of his fees and a refund of $2,000. Id. Sayaovong told L.V. that the retainer was a nonrefundable flat fee, even though there was no written fee agreement, and Sayaovong never provided L.V. with an accounting. Id.
L.V. also filed a grievance against Sayaovong with the OLR. Id. Sayaovong did not cooperate with the OLR's investigation of the L.V. matter until the Wisconsin Supreme Court ordered him to show cause as to why his license should not be suspended. Id.
The OLR filed a complaint in the Wisconsin Supreme Court regarding the Y.Y. and L.V. matters. Id. at 942. The court held that Sayaovong was in default, the allegations in the complaint were established, and Sayaovong had committed seven counts of misconduct. Id. at 946. Sayaovong was publicly reprimanded and ordered to make restitution of $2,000 to Y.Y. and $2,000 to L.V. Id. Sayaovong has not made restitution to either client.
P.S. and C.S. Matter
Sayaovong represented P.S. and C.S. in an accident case in 2009. In re Sayaovong ,
Sayaovong was frequently unresponsive to P.S. and C.S.
P.S. and C.S. eventually filed a grievance against Sayaovong with the OLR.
D&D Auto Services, LLC Matter
Sayaovong represented D&D Auto Services, LLC ("D&D") in a small claims action in 2013.
After realizing that Sayaovong's law license was suspended, opposing counsel filed a grievance with the OLR.
The OLR filed a complaint in the Wisconsin Supreme Court regarding the P.S. and C.S. matter and the D&D matter.
In Minnesota, Sayaovong committed additional acts of misconduct involving two client matters: C.D., and L.J. and M.J.
C.D. Matter
C.D. hired Sayaovong in 2012 after she fell behind on her mortgage payments. After paying Sayaovong a $3,000 retainer fee, Sayaovong abandoned her legal matter. C.D.'s home was thereafter foreclosed upon, and Sayaovong never returned the retainer fee to her. C.D. later obtained a default judgment against Sayaovong in the amount of $6,575 for damages resulting from his abandonment of her legal matter. This judgment remains unsatisfied.
Sayaovong did not cooperate with the Director's investigation of the C.D. matter. The Director sent three notices to Sayaovong over the course of 2 months, each of which requested a response. Sayaovong did not respond to any of the requests.
L.J. and M.J. Matter
L.J. and M.J. retained Sayaovong to challenge foreclosure proceedings on their home.
L.J. and M.J. provided Sayaovong with an additional $3,000 to represent them on appeal. Sayaovong filed the appeal but did not file a required document with it. Even though the court clerk notified him of the error, and the court ordered him to correct the deficiencies, Sayaovong never adequately corrected the filing error.
*580Sayaovong subsequently failed to appear for oral argument, and the appeal was submitted without oral argument. The court of appeals affirmed in part and remanded in part. On remand, Sayaovong did not file a response to a motion for summary judgment, which was then granted against L.J. and M.J.
Sayaovong did not respond to numerous requests from L.J. and M.J. about their case, including a request for a refund along with requests for their client file. L.J. and M.J. later obtained a default judgment of $6,000 against Sayaovong for the amount of attorney's fees paid. This judgment remains unsatisfied.
Sayaovong did not cooperate with the Director's investigation of the L.J. and M.J. matter. The Director mailed Sayaovong three letters over the course of 4 months, each requesting a response. Sayaovong did not respond to any of the letters.
Based on all six client matters in Wisconsin and Minnesota, the Director requests that Sayaovong be disbarred, arguing that the most serious misconduct is misappropriation of funds in the P.S and C.S. matter when Sayaovong did not remit the garnishment funds to the clients. Sayaovong has not filed any document in this case or otherwise appeared.
ANALYSIS
I.
A threshold question is whether Sayaovong's financial misconduct in the P.S. and C.S. matter constitutes misappropriation of client funds. The Director did not allege misappropriation in the petition or supplementary petition. Instead, the supplementary petition referenced Sayaovong's 2015 Wisconsin disciplinary case, and stated that Sayaovong "fail[ed] to notify the client[s] of his receipt of garnishment funds," and "never remitted [the funds] to the client[s]." The Wisconsin Supreme Court did not conclude that Sayaovong misappropriated funds, but rather held that Sayaovong failed to provide notice that he received the funds and failed to provide an accounting. See Sayaovong ,
"In order to comport with due process, lawyers facing discipline must be given notice of the charges against them." In re Taplin ,
" 'Misappropriation occurs whenever funds belonging to a client are not deposited in a trust account and are used for any purpose other than that specified by the client.' " In re Lundeen ,
Here, on at least one occasion, Sayaovong misappropriated client funds.
II.
The next issue is the appropriate discipline to impose. This case involves misconduct that occurred in Wisconsin for which the Wisconsin Supreme Court has already disciplined Sayaovong, as well as additional misconduct that occurred in Minnesota.
"The purpose of attorney discipline is not to punish the attorney but rather to protect the courts, the public, and the legal profession." In re Nelson ,
A.
We first consider the nature of Sayaovong's misconduct, which occurred over at least 4 years and includes various types of misconduct in Minnesota and Wisconsin. First, and most serious, Sayaovong misappropriated client funds in the P.S. and C.S. matter. "Misappropriation of client funds alone is particularly serious misconduct and usually warrants disbarment absent clear and convincing evidence of substantial mitigating factors."
*582In re Garcia ,
Second, Sayaovong did not return unearned fees in four client matters and charged an unreasonable fee in one client matter. Failure to return unearned fees is serious misconduct because "from the clients' perspective, they were deprived of the use of their funds without any explanation." Taplin ,
Third, Sayaovong engaged in a pattern of client abandonment and neglect involving five clients. "We have repeatedly warned that a continuing pattern of client neglect is serious misconduct often warranting indefinite suspension by itself and that more extreme cases involving client neglect and failure to communicate with clients may merit disbarment." In re Rhodes ,
Fourth, Sayaovong disregarded court obligations by failing to appear for an oral argument and disregarding filing requirements in the L.J. and M.J. matter. Failure to appear, when accompanied by other misconduct, may warrant severe discipline. See In re Pokorny ,
Fifth, Sayaovong engaged in the unauthorized practice of law in the D&D matter when he sent opposing counsel a settlement offer while his license was administratively suspended. See In re Grigsby ,
Finally, Sayaovong has demonstrated a pattern of noncooperation. "A lawyer's failure to cooperate with an investigation into professional misconduct is serious misconduct that constitutes separate grounds for discipline." Rhodes ,
B.
Having determined that Sayaovong's misconduct was serious, we now consider the cumulative weight of his violations. "[T]he cumulative weight and severity of multiple disciplinary rule violations may compel severe discipline even when a single act standing alone would not have warranted such discipline." Nelson ,
Here, Sayaovong's misconduct was neither a single, isolated event nor a brief lapse in judgment. Sayaovong committed numerous acts of misconduct-from misappropriation to client neglect. Moreover, his misconduct occurred over a span of at least 4 years. See In re Hummel ,
C.
We next consider the harm to the public and the legal profession. In evaluating the harm to the public, we take into consideration "the number of clients harmed [and] the extent of the clients' injuries." In re Rambow ,
Sayaovong's misconduct also harmed the legal profession. Misappropriation and the failure to return unearned fees "is a breach of trust that reflects poorly on the entire legal profession and erodes the public's confidence in lawyers." In re Fairbairn ,
D.
Finally, we consider any aggravating and mitigating factors when determining the appropriate discipline. In re Haugen ,
*584(stating that the admitted petition contained facts that established aggravating factors). Because Sayaovong did not file an answer to the petition, there are also no mitigating factors. See
Misappropriation of client funds is a particularly serious violation and we generally disbar attorneys who intentionally misappropriate funds unless there are "substantial mitigating circumstances." In re Wentzel ,
Moreover, Sayaovong engaged in many other serious types of misconduct and has also failed to cooperate with the disciplinary process. Disbarment is appropriate.
CONCLUSION
Accordingly, we order that respondent Amoun Vang Sayaovong is disbarred from the practice of law in the State of Minnesota, effective on the date of the filing of this opinion. Sayaovong shall comply with Rule 26, RLPR (notifying clients, opposing counsel, and tribunals of disbarment), and shall pay $900 in costs under Rule 24(a), RLPR.
The Wisconsin Supreme Court refers to "L.V." as "L.Y." See Sayaovong ,
Sayaovong's Wisconsin law license was administratively suspended on October 31, 2013, for failure to pay bar membership dues. Sayaovong ,
The record does not reflect when Sayaovong was retained.
Sayaovong may have also misappropriated funds in the C.D. and L.V. matters. See Taplin ,
Sayaovong is subject to discipline in this jurisdiction for the same misconduct for which the Wisconsin Supreme Court disciplined him. See Minn. R. Prof. Conduct 8.5(a) ("A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.").
Reference
- Full Case Name
- IN RE Petition for DISCIPLINARY ACTION AGAINST AMOUN VANG SAYAOVONG, a Minnesota Attorney, Registration No. 0388894.
- Cited By
- 1 case
- Status
- Published