In re Vega

198 So. 3d 1176, 2016 La. LEXIS 1665, 2016 WL 4625686
CourtSupreme Court of Louisiana
DecidedSeptember 6, 2016
DocketNo. 2016-B-0816
StatusPublished
Cited by1 cases

This text of 198 So. 3d 1176 (In re Vega) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Vega, 198 So. 3d 1176, 2016 La. LEXIS 1665, 2016 WL 4625686 (La. 2016).

Opinion

PER CURIAM.

| iPursuant to Supreme Court Rule XIX, § 21, the Office of Disciplinary Counsel (“ODC”) has filed a petition seeking the imposition of reciprocal discipline against respondent, Jose W. Vega,1 an attorney [1177]*1177licensed to practice law in Louisiana, Texas, and New York, based upon discipline imposed by the Supreme Court of Texas.

UNDERLYING FACTS AND PROCEDURAL HISTORY

In February 2016, respondent filed with the Supreme Court of Texas a “Motion for Acceptance of Resignation as Attorney and Counselor at Law” in lieu of discipline. The Chief Disciplinary Counsel (“CDC”) of the State Bar of Texas filed a response to the motion, agreeing that acceptance of respondent’s resignation in lieu of discipline is in the best interest of the public and the legal profession. . In its response, the CDC indicated that allegations of misconduct are pending against respondent as follows:

The Vieyrar-Gwrda Matter — On March 25, 2013, Marco Vieyra-Garcia paid respondent $2,000 to represent him and his wife in an immigration matter. Respondent failed to earn the entire fee and failed to refund the unearned portion |2until February 2014. The CDC alleged .that respondent violated Rule 1.15(d) (upon termination of the representation, a lawyer shall refund any advance fee that has not been earned) of the Texas Disciplinary Rules of Professional Conduct.

The Perez Matter — On July 7, 2011, Elmer Perez paid respondent $8,500 to represent him in an immigration matter. Respondent failed to keep Mr. Perez reasonably informed about the status of his matter. Respondent also failed to earn the entire fee and failed to refund the unearned portion. The CDC alleged that respondent violated Rules 1.03(a) (a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information) and 1.15(d) of the Texas Disciplinary Rules of Professional Conduct.

The Sanchez Matter — On May 11, 2012, Leonel Sanchez paid respondent $3,500 to represent him in a criminal matter. Respondent failed to earn the entire fee and failed to refund the unearned portion. Consequently, Mr. Sanchez sued respondent and obtained a default judgment against him. Thereafter, respondent refunded $3,500 to Mr.- Sanchez. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. The CDC alleged that respondent violated Rules 1.15(d) and 8.04(a)(8) (a lawyer shall not fail to timely furnish a response or other information to the Chief Disciplinary Counsel’s office) of the Texas Disciplinary Rules of Professional Conduct.

The Maria Aguilar Matter — On March 19, 2013, Maria Aguilar paid respondent $1,500 to file a petition for alien relative with the United States Citizenship and Immigration Services (“USCIS”) with the expectation that an additional $1,500 would be paid to complete the process. Respondent delayed'filing the petition for eight months. The matter was further delayed because USCIS changed the way it processed such matters. Respondent failed to keep MsJjAguilar fully informed throughout the process. The CDC alleged that respondent violated Rule 1.03(a) of the Texas Disciplinary Rules of Professional Conduct.

The Luis Aguilar Matter — On February 15, 2013, Luis Aguilar paid respondent $2,000 to file a petition for alien relative with USCIS with the expectation that an additional $1,070, which included a filing fee, would be paid within three months to complete the' process. The matter was delayed, and Mr. Aguilar eventually retained new counsel. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. The CDC alleged that respondent violated Rule [1178]*11788.04(a)(8) of the Texas Disciplinary Rules of Professional Conduct.

The Flores-Medrano Matter — -In September 2013, Jorge Flores-Medrano paid respondent $3,490, which included filing fees, to assist his wife in seeking to adjust her immigration status and obtain permanent residency. In October 2013, respondent filed several applications with the US-CIS. However, the matter was delayed because USCIS changed the way it processed such matters. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. The CDC alleged that respondent violated Rule 8.04(a)(8) of the Texas Disciplinary Rules of Professional Conduct.

The De La Rosa Matter — On June 14, 2014 Arturo De La Rosa paid respondent $2,000 to assist his wife in -seeking to adjust her -immigration status and obtain permanent • residency. The matter was subsequently delayed because USCIS changed the way it processed such matters. Respondent failed to keep Mr. De La Rosa and his wife fully informed throughout the process, and Mr. De La Rosa eventually fired respondent. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. , The CDC alleged that respondent violated Rules 1.03(a), 1.03(b) (a, lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the | representation), and-'8.04(a)(8) of the Texas Disciplinary Rules of Professional Conduct. •

The Teno!Gutierrez Matter — On February 12, 2014, Veronica Teno paid respondent $2,000 to represent her husband, Solomon Gutierrez, in a deportation matter. Respondent failed to keep Ms. Teno and Mr. Gutierrez updated on the status of the matter, despite their numerous requests for information. In particular, respondent failed to inform them that a deportation order had been entered. Mr. Gutierrez was subsequently deported, and Ms. Teno hired new counsel. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. He did, however, eventually agree to refund $250 of the fee. The CDC alleged that respondent violated Rule 8.04(a)(8) of the Texas Disciplinary Rules of Professional Conduct.

The Vindel/Lagos Matter — On November 12, 2011, Zenia Vindel and her husband, Eduardo Lagos, paid respondent $4,900, which included filing fees, to assist Mr. Lagos in seeking to adjust his immigration status and obtain permanent residency. The matter was delayed becaüse USCIS changed the way it processed such matters. Ultimately, the USCIS denied Mr. Lagos’ application, Ms. Vindel requested a refund and .the return of Mr. Lagos’ file, but she never received either. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. The CDC alleged that respondent violated Rulés 1.03(a), 1.15(d), and 8.04(a)(8) of the Texas Disciplinary Rules of Professional Conduct.

The Cano/Torres Matter — In October 2013, Elias Cano paid respondent $3,500 to assist him and his wife, Juana Torres, in seeking to adjust their immigration status and obtain permanent residency. Respondent filed motions for lawful permanent residency for Mr. Cano and Ms. .Torres. Ms. Torres received her lawful permanent residency, but Mr. Cano’s motion was denied due to a failure to respond to a request for additional information that respondent claimed he never | .^received. Mr. Cano fired respondent, citing respondent’s failure to keep him updated on the status of the matter. Respondent failed to timely respond to the CDC’s notice of the grievance filed against him. The CDC alleged that respondent violated Rule 8.04(a)(8) of [1179]*1179the Texas Disciplinary Rules of Professional Conduct.

The Gonzalez Matter

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Related

In re Vega
241 So. 3d 993 (Supreme Court of Louisiana, 2018)

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Bluebook (online)
198 So. 3d 1176, 2016 La. LEXIS 1665, 2016 WL 4625686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vega-la-2016.