In Re Petition for Disciplinary Action Against Kaszynski

620 N.W.2d 708, 2001 Minn. LEXIS 6, 2001 WL 25903
CourtSupreme Court of Minnesota
DecidedJanuary 11, 2001
DocketC4-99-1780
StatusPublished
Cited by17 cases

This text of 620 N.W.2d 708 (In Re Petition for Disciplinary Action Against Kaszynski) 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 Petition for Disciplinary Action Against Kaszynski, 620 N.W.2d 708, 2001 Minn. LEXIS 6, 2001 WL 25903 (Mich. 2001).

Opinion

OPINION

PER CURIAM

The Director of the Office of Lawyers Professional Responsibility served and filed a petition for disciplinary action against William P. Kaszynski on October 15,1999. Two separate supplementary petitions for disciplinary action were served and filed on November 4, 1999, and February 22, 2000. The allegations set forth in the petitions arose primarily from 24 client files and included false advertising, neglect of client matters, incompetence, failure to communicate with clients, trust account violations, and failure to cooperate with the disciplinary process. The case was assigned to Referee Randall J. Slieter, and a hearing was held on March 21 and 22, 2000. Kaszynski did not appear for the proceedings.

On June 1, 2000, Referee Slieter served and filed his findings, conclusions and recommendation. The referee concluded that Kaszynski violated multiple Minnesota Rules of Professional Conduct in his repre *710 sentation of clients in immigration matters and recommended that Kaszynski be disbarred. Because Kaszynski did not order a transcript of the proceedings, the referee’s findings of fact and conclusions are conclusive pursuant to Rule 14(e), Rules on Lawyers Professional Responsibility (RLPR). The only issue before us, therefore, is the appropriate discipline to be imposed. We conclude that the facts and circumstances of this case warrant disbarment.

Kaszynski was admitted to practice law in Minnesota on May 22, 1981, and his prior disciplinary history includes only one unrelated private admonition in 1991. The conduct that is the subject of this proceeding began in July 1996, when Kaszynski began representing clients in immigration matters. Although Kaszynski had no experience or training in immigration law, a client, Juan Olivetti, offered to refer individuals from the Hispanic community to Kaszynski for immigration law assistance. Olivetti claimed that he was very familiar with immigration law from previous employment as a translator and legal assistant. Further, Olivetti told Kaszynski that immigration law was primarily a matter of filling out forms and making a few appearances. Kaszynski agreed to accept clients referred by Olivetti and sought other sources of immigration law clients.

From 1996 through 1999, Kaszynski represented numerous individuals in immigration matters. The bulk of the referee’s findings and conclusions detail 24 cases during this time period where Kaszynski and his employees harmed clients through incompetence, mishandling of client matters, neglect, lack of diligence, noncommu-nication, and excessive fees. The referee concluded this conduct violated Minn.R.Prof.Conduct 1.1, 1.3, 1.4, 1 .5, and 3.1.

Kaszynski did not have even a basic knowledge of immigration law and procedures, and his representation threatened the immigration status of several clients. A primary area of Kaszynski’s immigration work was seeking permanent resident status for illegal aliens, and from September 1996 through March 1997, Kaszynski submitted dozens of processing requests to the Immigration and Naturalization Service (INS). The decision to submit a processing request is crucial, because it alerts the INS to an alien’s presence in the country and places an alien into deportation proceedings. Once in deportation proceedings, deportation is avoided at the discretion of the immigration court.

Despite the importance of these processing requests, the vast majority of the initial requests sent by Kaszynski to the INS were returned for insufficient information and other deficiencies. Kaszynski often sent the INS little more than the bare application, failing to supply any documentation of factors that must be proven to obtain the relief sought by his clients. For instance, in one family’s case, Kaszynski failed to provide hardship documentation regarding the mother’s diabetes and the daughter’s United States citizenship which might have enabled the family to establish permanent resident status. These inadequacies persisted despite communication from the INS explaining how to correct the problems. In addition, INS attorneys testified that Kaszynski was frequently unprepared for immigration hearings and failed to adequately prepare his clients for their hearings.

Kaszynski’s incompetence in immigration law matters is also vividly illustrated by his failure to understand and accurately communicate to his clients and employees the changes in the procedure and requirements leading to legal permanent residency that became effective April 1, 1997. Prior to April 1, 1997, an illegal alien in deportation proceedings could apply to have his or her status adjusted to that of an alien lawfully admitted for permanent residency through the discretionary remedy of “suspension of deportation.” 8 U.S.C. § 1254 (1994) (repealed 1996). The minimum requirements for suspension of deportation included good moral character, *711 a minimum of seven years of continuous presence in the United States, and extreme hardship to the alien. See id.

Effective April 1, 1997, suspension of deportation was replaced with a new discretionary remedy referred to as “cancellation of removal.” Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, § 304(a)(3), 110 Stat. 3009-594 (1996), codified at 8 U.S.C. § 1229b (2000); § 308(b)(7), 110 Stat. 3009-615 (1996) (repealing 8 U.S.C. § 1254). The minimum standards for cancellation of removal are more difficult to meet and include good moral character, at least ten years of continuous presence, and “exceptional and extremely unusual hardship” for the applicant’s parent, child, or spouse, who is a United States citizen or permanent resident. See 8 U.S.C. § 1229b(b)(l) (2000). Both procedures required that the INS complete a processing interview prior to placing an individual formally into deportation proceedings. Unless an individual was officially in suspension of deportation proceedings prior to April 1, 1997, the new requirements would apply.

Kaszynski’s ineptitude with respect to this law change had a devastating effect on several clients. For example, Gilberto and Liliana Robles sought Kaszynski’s assistance to obtain work permits and eventually become permanent residents of the United States. In December 1996, Kasz-ynski submitted processing requests to initiate deportation proceedings for the Robles. The timing of these requests was crucial, because the Robles met the seven year continuous presence requirement for suspension of deportation under the old law, but fell short of the necessary ten years of continuous presence for a cancellation of removal under the new law. Kaszynski and the Robles hoped to meet the deadline for suspension of deportation; however, there was a minimum wait of four to six months before a processing interview would be granted. Given this delay, it was unlikely the INS would conduct processing interviews in time for the old law to apply, absent compelling humanitarian circumstances for expediting their requests.

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Bluebook (online)
620 N.W.2d 708, 2001 Minn. LEXIS 6, 2001 WL 25903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-disciplinary-action-against-kaszynski-minn-2001.