In re Disciplinary Action Against Fru

829 N.W.2d 379, 2013 WL 1748594, 2013 Minn. LEXIS 221
CourtSupreme Court of Minnesota
DecidedApril 24, 2013
DocketNo. A11-1693
StatusPublished
Cited by19 cases

This text of 829 N.W.2d 379 (In re Disciplinary Action Against Fru) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Disciplinary Action Against Fru, 829 N.W.2d 379, 2013 WL 1748594, 2013 Minn. LEXIS 221 (Mich. 2013).

Opinion

OPINION

PER CURIAM.

On September 21, 2011, the Director of the Office of Lawyers Professional Responsibility (“OLPR”) filed a petition for disciplinary action against Joseph Awah Fru, a lawyer duly licensed to practice law in the State of Minnesota. The petition alleged that over an 8-year period, Fru engaged in several acts of professional misconduct in his representation of clients in immigration matters and in an unemployment case. The alleged misconduct included a persistent and pervasive pattern of incompetence, client neglect, and noncommunication. Following a hearing on the petition, a referee appointed by our court to hear this matter recommended that Fru be indefinitely suspended from the practice of law and ineligible to peti[381]*381tion for reinstatement for a minimum period of 2 years. Because Fru did not order a transcript of the proceedings, the refer-, ee’s findings of fact and conclusions of law are deemed conclusive. Rule 14(e), Rules on Lawyers Professional Responsibility (RLPR). Therefore, the only issue before our court is the appropriate discipline to impose. We suspend Fru from the practice of law for a minimum period of 2 years.

Joseph Awah Fru was admitted to the practice of law in Minnesota on November 17, 2004. He has not been the subject of any prior discipline, but the misconduct at issue persisted over most of the years he has practiced law and involved several different matters. We summarize that misconduct below.

M.L. and B.M. Matter

Fru represented M.L. and B.M. in immigration removal proceedings. M.L. and B.M. were Guatemalan immigrants who were married to each other and were seeking asylum in the United States. M.L. and B.M. filed applications (collectively, “the application”) opposing removal from the United States based on various provisions of the Immigration and Nationality Act and Article 3 of the Convention Against Torture. On September 9, 2005, Fru appeared with M.L. and B.M. at a master calendar hearing in Immigration Court on the removal matter. The Immigration Court issued an order continuing M.L.’s and B.M.’s removal proceedings to September 13, 2006. The order required M.L. and B.M. to comply with certain due dates and adhere to the local operating procedures of the Immigration Court. It also obliged M.L. to turn over his recently expired passport to the Immigration Court within 60 days of receiving a new passport.

Fru failed to comply with the Immigration Court’s order requiring M.L. and B.M. to meet deadlines and follow local operating procedures. For instance, M.L. received a new passport on September 19, 2005. Fru instructed M.L. to leave the old passport at his office and told M.L. that he would turn the passport over to the Immigration Court. Fru failed to do so until September 13, 2006, nearly 1 year after he received the passport from M.L. and 10 months after the Immigration Court’s deadline.

Local operating procedures in the Immigration Court also required that, 10 days before the hearing, M.L. and B.M. had to file all documents in support of the application. But Fru failed to file the primary supporting documents — which included a legal memorandum, affidavits, country information, and a witness list — until September 11, 2006, which was 2 days before the removal hearing. Moreover, the Immigration Court excluded from evidence several Spanish-language affidavits that Fru had instructed M.L. to translate and certify himself. The Immigration Court excluded the affidavits from evidence in part because they were untimely, but also because M.L., a party to the removal proceedings, prepared them.

On November 1, 2006, the Immigration Court denied the application and ordered M.L. and B.M. to depart voluntarily from the United States on or by January 1, 2007. The Immigration Court also required M.L. and B.M. to deposit a $1,000 departure bond with the Department of Homeland Security within 5 business days of the court’s order. Fru failed to inform M.L. and B.M. of the court’s decision and order. M.L. only learned that the Immigration Court had issued an order after contacting the court himself. By that time, the deadline to deposit a voluntary departure bond had passed.

Fru’s contact with M.L. and B.M. throughout the representation was sporadic. Between October 2005 and May 2006, [382]*382Fru failed to respond to any of M.L.’s phone calls requesting guidance or a status update. After a brief meeting in late May 2006, Fru again failed to respond to any of M.L.’s phone calls until August 25, 2006. In the weeks leading up to the removal hearing, Fru did not attend a scheduled meeting with M.L. and B.M. on September 7, 2006, and again failed to timely respond to M.L.’s phone calls. Finally, after M.L. and B.M. terminated Fru’s representation in November 2006, Fru failed to return their file until the spring of 2007.

G.D. Matter

In March 2008, G.D. retained Fru to represent him in an unemployment compensation insurance matter. At the time, Fru was working full time as an assistant public defender in Rochester, Minnesota. Fru and G.D. never entered into a written retainer agreement. G.D. provided Fru with original documents and paid him a total of $2,000 for the representation. He did so by writing two personal checks for $500 and $1,500, respectively. Fru did not deposit the checks in a trust account. Rather, Fru signed the checks over to Jennifer Walton, a supervisor at the group home where Fru worked part-time on the weekends. Walton was not affiliated with Fru’s law practice.

Fru took no action regarding the G.D. matter, and G.D. tried to contact Fru several times to no avail. Eventually, G.D. retained another attorney to help him recover both the original documents that he provided to Fru and a refund of the retainer paid to Fru. Fru did not refund G.D.’s $2,000 until July 14, 2008, and failed to return G.D.’s documents until October 28, 2009. The attorney G.D. hired to recover his money and documents from Fru charged G.D. $650 for collecting the $2,000 from Fru and recovering the documents.

F.K. Matter

On November 3, 2008, the United States Citizenship and Immigration Services (“USCIS”) notified F.K. of its intent to terminate his asylum status. USCIS scheduled a termination interview for December 4, 2008. F.K. retained Fru to represent him in the termination proceedings. F.K. paid Fru $700 for the representation. Fru did not enter into a written retainer agreement with F.K. and did not deposit the fee into a trust account.

Two days before the termination interview, Fru informed F.K. that he had a scheduling conflict. USCIS granted F.K.’s request for a continuance and rescheduled the termination interview for April 16, 2009. F.K. paid Fru an additional $300 for the representation after Fru assured him that he could appear at the April 16 termination interview. Another scheduling conflict prevented Fru from appearing. Fru learned of the conflict in early April, but he did not inform F.K. of the conflict until the day before the termination interview— even though he met with F.K. on April 11.

When F.K. learned that Fru would not attend the interview, F.K. requested that Fru return his file. Fru ignored the request. With only a day’s notice, F.K. managed to obtain substitute counsel to represent him. Without F.K’s knowledge or consent, however, Fru arranged for another attorney to appear at the termination interview in Fru’s place. The replacement attorney was late to the interview and disrupted the proceedings. F.K.

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Bluebook (online)
829 N.W.2d 379, 2013 WL 1748594, 2013 Minn. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-fru-minn-2013.