Court Rulings

Attorneys at law—Misconduct—Six-month suspension with entire six months stayed—Neglect of an entrusted legal matter—Failing to carry out contract of employment—Intentionally prejudicing or damaging client during course of professional relationship.

SANTOS-LOPEZ ,23 I&N Dec. 419 (BIA 2002) ID 3474 (PDF) (1) Under the decisions of the United States Court of Appeals for the Fifth Circuit in United States v. Hernandez-Avalos, 251 F.3d 505 (5th Cir.), cert. denied, 122 S. Ct. 305 (2001), and United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997), a determination whether an offense is a “felony” for purposes of 18 U.S.C. § 924(c)(2) (2000) depends on the classification of the offense under the law of the convicting jurisdiction. Matter of Yanez, 23 I&N Dec. 390 (BIA 2002), followed. (2) Each of the respondent’s two convictions for possession of marihuana is classified as a misdemeanor offense under Texas law therefore, neither conviction is for a “felony” within the meaning of 18 U.S.C. § 924(c)(2) or an “aggravated felony” within the meaning of section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2000).

Attorneys at law—Misconduct—Indefinite suspension—Restitution to clients ordered—Failing to promptly deliver to client funds or property to which client is entitled—Failing to seek lawful objectives of client—Failing to carry out contract for professional employment—Prejudicing or damaging client during course of professional relationship—Neglect of an entrusted legal matter—Neglecting or refusing to assist or testify in a disciplinary investigation or hearing.

Attorneys at law—Misconduct—One-year suspension—Charging a clearly excessive fee—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct prejudicial to the administration of justice—Threatening to file criminal charges solely to obtain advantage in a civil matter—Prejudicing or damaging client during course of professional relationship—Withdrawing from employment before taking reasonable steps to avoid prejudice to client—Surreptitiously recording conversations with client's son and his attorney.

Attorneys at law—Misconduct—Indefinite suspension—Failing to promptly deliver to client funds to which client is entitled—Engaging in conduct adversely reflecting on fitness to practice law—Failing to maintain complete records of all client funds and render appropriate accounts thereof—Neglect of an entrusted legal matter—Damaging or prejudicing client during course of professional relationship—Failing to carry out contract of professional employment—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Workers' compensation—Application for wage-loss compensation pursuant to R.C. 4123.56(B)—Industrial Commission grants wage-loss compensation even though claimant failed to present evidence of any job search—Court of appeals' finding that commission abused its discretion without first determining whether claimant performed a good-faith job search and returning cause to commission for consideration of that issue and an amended order reversed, when—Industrial Commission ordered to vacate its order granting wage-loss compensation pursuant to State ex rel. Gay v. Mihm.