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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. On August 3, 2015,
Referee James R. Erickson issued a report
recommending that Attorney Amoun Vang
Sayaovong be declared in default and that
his license to practice law in Wisconsin be
suspended for a period of six months.
¶2 We declare Attorney Sayaovong to be
in default. We further agree with the
referee that Attorney Sayaovong's
professional misconduct warrants a six-month
suspension of his license to practice law in
Wisconsin. In addition, we follow our usual
practice and order Attorney Sayaovong to pay
the full costs of the proceeding, which are
$852.43 as of August 20, 2015.
¶3 Attorney Sayaovong was admitted to
practice law in Wisconsin in 2007. The
address he has on file with the State Bar of
Wisconsin is in Saint Paul, Minnesota.
However, there is no such address in Saint
Paul. Attorney Sayaovong has also listed a
Milwaukee address in previous
correspondence.
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¶4 In 2014, Attorney Sayaovong was
publicly reprimanded for misconduct in two
separate client matters consisting of
failing to advance a client's interests,
failing to have a written fee agreement
setting forth the rate for his fee, failing
to hold an advanced fee in trust, failing on
termination of representation to timely
provide an itemized statement as to legal
services rendered, and failing to cooperate
with the Office of Lawyer Regulation's (OLR)
investigation. In re Disciplinary
Proceedings Against Sayaovong, 2014 WI 94,
357 Wis. 2d 312, 850 N.W.2d 940. On
February 19, 2014, Attorney Sayaovong's
license to practice law in Wisconsin was
temporarily suspended for his willful
failure to cooperate in the OLR
investigation concerning his conduct that
underlies the present proceeding. In
addition, Attorney Sayaovong's Wisconsin law
license is administratively suspended for
failure to pay mandatory bar dues and
failure to comply with continuing legal
education requirements.
¶5 On April 6, 2015, the OLR filed a
complaint against Attorney Sayaovong
alleging six counts of misconduct.
¶6 The OLR's complaint alleged four
counts of misconduct with respect to
Attorney Sayaovong's representation of P.S.
and C.S., who Attorney Sayaovong represented
in an accident case against J.N. in 2009.
In November 2010, a judgment of $6,500 was
entered against J.N. The judgment included
$500 in statutory attorney's fees. In April
2011, Attorney Sayaovong started garnishment
proceedings in the case. In June 2011,
Attorney Sayaovong collected the $500 in
statutory attorney's fees from J.N. through
garnishing his wages.
¶7 Beginning in early July 2011, J.N.'s
employer sent Attorney Sayaovong garnishment
checks every two weeks. Attorney Sayaovong
did not notify his clients upon his receipt
of the garnished funds, but he issued checks
to them periodically. Attorney Sayaovong
did not deposit a garnishment check issued
January 27, 2012, and did not send a
corresponding check to his clients.
Although the clients later questioned
Attorney Sayaovong about the missing
payment, he never forwarded funds from that
garnishment to them. In May 2012, the
clients stopped receiving regular payments
from Attorney Sayaovong.
¶8 By mid-July 2012, J.N. was no longer
employed, but he agreed to make payments to
Attorney Sayaovong. Attorney Sayaovong did
not communicate this information to his
clients until over a month after he made the
agreement with J.N. In September 2012,
Attorney Sayaovong sent the clients a check
for payments he had received from May
through August 2012. The clients received
no further payments from Attorney Sayaovong.
¶9 In September 2012, Attorney
Sayaovong told the clients that he was
negotiating with J.N. to have him pay the
clients directly. The clients never
received any payments from J.N.
¶10 Attorney Sayaovong was frequently
unresponsive to the clients' emails and
telephone calls. When Attorney Sayaovong
did respond to the clients, he wrote that he
was still waiting for J.N. to provide him
with financial information. Although the
clients asked Attorney Sayaovong for an
accounting of the funds he had received for
them concerning J.N., Attorney Sayaovong
never provided an accounting.
¶11 The clients filed a grievance with
the OLR in May 2013. The OLR wrote to
Attorney Sayaovong at several addresses via
regular and certified mail, requesting
certain information and a response to the
grievance. The certified and regular mail
letters were returned. Attorney Sayaovong
never responded. In October 2013, the OLR
made multiple attempts to have Attorney
Sayaovong personally served. All attempts
were unsuccessful. On November 5, 2013, the
OLR emailed Attorney Sayaovong at his last
known email address, notifying him of the
clients' grievance and requesting a
response. Attorney Sayaovong did not
respond.
¶12 In December 2013, based on an OLR
motion, this court ordered Attorney
Sayaovong to show cause why his license
should not be suspended for failure to
cooperate with the OLR's investigation of
the clients' grievance. Attorney Sayaovong
did not respond, and on February 19, 2014,
this court temporarily suspended Attorney
Sayaovong's license.
¶13 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Sayaovong's representation of
P.S. and C.S.:
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[Count One] By failing to timely
pursue collection actions against [J.N.],
Sayaovong violated [Supreme Court Rule
(SCR)] 20:1.3.
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[Count Two] In failing to
consistently keep the [clients] informed of
collection efforts, and failing to return
numerous phone calls or respond to various
emails received from the [clients],
Sayaovong violated SCR 20:1.4(a)(3) and
(4).
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[Count Three] By failing to
consistently and promptly notify the
[clients] of his receipt of funds received
for their benefit, or provide them with an
itemized accounting as to amounts that were
collected, despite having received numerous
requests from his clients that he do so,
Sayaovong violated SCR 20:1.15(d)(1) and (d)
(2).
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[Count Four] In failing to provide to
OLR a required written response to the
[clients'] grievance, Sayaovong violated SCR
22.03(2) and SCR 22.03(6), enforced via SCR
20:8.4(h).
¶14 The OLR's complaint also alleged two
additional counts of misconduct arising out
of Attorney Sayaovong's representation of
D&D Auto Services LLC (D&D). On September
20, 2013, Attorney Yeng Kong Lee filed a
small claims complaint for his client, C.L.,
against D&D. On October 31, 2013, Attorney
Sayaovong's Wisconsin law license was
administratively suspended for failure to
pay mandatory bar dues. In December 2013,
Attorney Sayaovong contacted Attorney Lee on
behalf of D&D. In January 2014, Attorney
Sayaovong sent Attorney Lee a draft
stipulation to settle the small claims
lawsuit. After Attorney Lee received the
stipulation, he discovered that Attorney
Sayaovong's Wisconsin law license was
suspended and he filed a grievance with the
OLR against Attorney Sayaovong.
¶15 The OLR wrote to Attorney Sayaovong
at various addresses via regular and
certified mail, requesting a response to
Attorney Lee's grievance. The certified
letters were returned, except for one sent
to a group office, for which an unrelated
person signed. Two of the regular mail
letters were also returned. Attorney
Sayaovong did not respond.
¶16 The OLR's complaint set forth the
following counts of misconduct with respect
to Attorney Sayaovong's dealings with
Attorney Lee:
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[Count Five] By preparing and sending
a proposed stipulation to opposing counsel
while his license to practice law in
Wisconsin was suspended due to failure to
pay mandatory bar dues, Sayaovong violated
SCR 10.03(6) and SCR 22.26(2), enforced via
SCR 20:8.4(f).
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[Count Six] By failing to provide a
written response to OLR in the matter of
Attorney Lee's grievance, Sayaovong failed
to cooperate with OLR's investigation,
Sayaovong violated SCR 22.03(2) and SCR 22.03
(6), enforced via SCR 20:8.4(h).
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¶17 On June 8, 2015, the OLR filed a
motion for default judgment asking the
referee to determine that the OLR had
properly served Attorney Sayaovong by
certified mail under SCR 22.13(1). The
motion further sought a determination that
Attorney Sayaovong was in default by failing
to timely file an answer to the complaint,
and the motion sought an order for default
judgment and issuance of a report making
findings of fact and conclusions of law
consistent with the allegations in the
complaint.
¶18 The referee issued his decision on
August 3, 2015, recommending that this court
grant the OLR's motion for default
judgment. The referee deemed the
allegations of the OLR's complaint
established. The referee recommended that
Attorney Sayaovong's Wisconsin law license
be suspended for six months. Attorney
Sayaovong has not filed an appeal from the
referee's report.
¶19 We agree with the referee that
Attorney Sayaovong should be declared in
default. Although the OLR effected service
of its complaint pursuant to SCR 22.13(1)
and although Attorney Sayaovong was given
notice of the hearing on the motion for
default judgment, he failed to appear or
present a defense. Accordingly, we deem it
appropriate to declare him in default.
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¶20 A referee's findings of fact are
affirmed unless clearly erroneous.
Conclusions of law are reviewed de novo.
See In re Disciplinary Proceedings
Against Eisenberg, 2004 WI 14, ¶5, 269
Wis. 2d 43, 675 N.W.2d 747. The court may
impose whatever sanction it sees fit,
regardless of the referee's recommendation.
See In re Disciplinary Proceedings
Against Widule, 2003 WI 34, ¶44, 261 Wis.
2d 45, 660 N.W.2d 686.
¶21 We agree with the referee that the
allegations in the OLR's complaint have been
established and that Attorney Sayaovong
engaged in the six counts of misconduct
alleged in the complaint. We further agree
that a six-month suspension of his license
to practice law in Wisconsin is an
appropriate sanction for his misconduct.
Although no two disciplinary matters are
precisely the same, a six-month suspension
is generally consistent with the sanction
imposed in somewhat similar cases. See,
e.g., In re Disciplinary Proceedings
Against Woods, 2011 WI 46, 334 Wis. 2d
324, 800 N.W.2d 875; In re Disciplinary
Proceedings Against Mauch, 2010 WI 2, 322
Wis. 2d 79, 777 N.W.2d 637. As is our usual
practice, we deem it appropriate to order
Attorney Sayaovong to pay the full costs of
the proceeding.
¶22 IT IS ORDERED that the license of
Amoun Vang Sayaovong to practice law in
Wisconsin is suspended for a period of six
months, effective the date of this order.
¶23 IT IS FURTHER ORDERED that within 60
days of the date of this order, Amoun Vang
Sayaovong shall pay to the Office of Lawyer
Regulation the costs of this proceeding,
which are $852.43.
¶24 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Amoun
Vang Sayaovong shall comply with the
provisions of SCR 22.26 concerning the
duties of an attorney whose license to
practice law has been suspended.
¶25 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.29(4)(c).
¶26 IT IS FURTHER ORDERED that the
temporary suspension of Amoun Vang
Sayaovong's license to practice law issued
on February 19, 2014, is hereby lifted.
¶27 IT IS FURTHER ORDERED that the
administrative suspension of Amoun Vang
Sayaovong's license to practice law due to
his failure to pay mandatory bar dues and
failure to comply with continuing legal
education requirements remains in effect.
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