A Solemn Business

The Wisconsin Supreme Court has followed a referee recommendation to deny readmission to a suspended attorney.

Basis of suspension

In 2015, Attorney Sayaovong’s law license was suspended for six months for six counts of misconduct arising out of two client matters. In re Disciplinary Proceedings Against Sayaovong, 2015 WI 100, 365 Wis. 2d 200, 871 N.W.2d 271. The misconduct consisted of failing to act with reasonable diligence and promptness in representing a client, failing to keep a client reasonably informed about the status of a matter and promptly complying with reasonable requests by the client for information, failing to properly account for funds received in which a client or third party has an interest, failing to cooperate with an OLR investigation, practicing law while his license was suspended, and violating supreme court rules regulating the conduct of lawyers.

Reasoning

Attorney Sayaovong admits that he did not comply with all of the terms of either the 2014 public reprimand order or the 2015 suspension order. He admits that he did not pay restitution but blames OLR for not telling him where to find his former clients even though he himself apparently made no effort to find them in the past decade. He blames the misconduct that led to his being disciplined in 2014 and 2015 on depression that was so severe that it resulted in years of incapacity but says he has fully recovered and is ready to resume the practice of law, even though he never sought medical diagnosis or treatment for his condition, and he chastises the referee for questioning his assurances and the testimony and letters of his character witnesses that he will not relapse.

As the referee noted, the practice of law is a solemn business in which clients, in a variety of ways, entrust their lives to their attorney. Although the record indicates that Attorney Sayaovong has taken strides to turn his life around, we share the referee’s concern that, at the present time, he has failed to demonstrate that he has satisfied all of the requirements for resuming the practice of law. As is our general practice, we find it appropriate to impose the full costs of this proceeding, $4,160.75, on Attorney Sayaovong.

(Mike Frisch)