Opinion
A20-1501
10-19-2021
In re Petition for Disciplinary Action against Norn Pue Thao, a Minnesota Attorney, Registration No. 0387934.
ORDER
Natalie E. Hudson Associate Justice.
The Director of the Office of Lawyers Professional Responsibility has fled a petition for disciplinary action alleging that respondent Nor Fue Thao has committed professional misconduct warranting public discipline-namely, in a client matter, providing incompetent representation, neglecting the matter, filing to communicate with the client, providing financial assistance to the client in connection with the litigation, filing to provide the client with a copy of the client file and other documents, and making a knowingly false statement to a court; and filing to cooperate with disciplinary investigations and with the Director's monitoring of his probation. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(a)(3), 1.4(a)(4), l .4(b), 1.8(e), l .15(c)(4), 3.3(a)(1), 3.4(c), 4.1, 8.l (b), 8.4(c), 8.4(d); Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent unconditionally admits the allegations in the petition and waives his procedural rights under Rule 14, RLPR. The parties jointly recommend that the appropriate discipline is a 90-day suspension and 2 years of supervised probation.
The court has independently reviewed the file and approves the recommended disposition.
Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. Respondent Nom Fue Thao is suspended from the practice of law for a minimum of 90 days, effective 14 days from the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, (RLPR).
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.
5. By October 19, 2022, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. See Rule 4.A. (5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.
6. Upon reinstatement to the practice of law, respondent shall be placed on probation for 2 years, upon the following terms and conditions:
a. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation to verify compliance with the terms of this probation.
b. Respondent shall abide by the Minnesota Rules of Professional Conduct.
c. Respondent shall be supervised by the attorney identified in the parties' stipulation for discipline.
d. Respondent shall cooperate fully with the supervisor in the supervisor's efforts to monitor compliance with this probation. Respondent shall contact the supervisor and schedule a minimum of one in-person meeting per calendar quarter. Respondent shall submit to the supervisor an inventory of all active client files by the first day of each month during the probation. With respect to each active file, the inventory shall disclose the client name, type of representation, date opened, most recent activity, next anticipated action, and anticipated closing date. Respondent's supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director.
e. Respondent shall initiate and maintain office procedures that ensure that there are prompt responses to correspondence, telephone calls, and other important communications from clients, courts, and other persons interested in matters that respondent is handling, and that will ensure that respondent regularly reviews each and every file and completes legal matters on a timely basis.
f. Within 30 days from the date of the order reinstating respondent to the practice of law, respondent shall provide the Director and his probation supervisor a written plan outlining office procedures designed to ensure that
respondent is in compliance with probation requirements. Respondent shall provide progress reports as requested.