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Toan Thai

Docket No. 2003-D154

Decisions

DCCA Order (August 17, 2011)

Summary: The D.C. Court of Appeals ordered that the probation imposed on Thai in the Court’s decision of December 24, 2009, be revoked. The Court further ordered that Tai be suspended for 60 days and that prior to reinstatement, Thai demonstrate that he has paid restitution to his former client in the amount of $4,500 plus interest.

DCCA Opinion (December 24, 2009)

Summary: The D.C. Court of Appeals suspended Thai for 60 days, with the suspension stayed after the first 30 days in favor of probation for one year, provided that, within the first 30 days, he files an affidavit with the Board on Professional Responsibility and the Office of Bar Counsel certifying that he accepts the conditions of probation. The court further ordered that as a condition of Thai’s probation, he shall take six hours of continuing legal education courses in both legal ethics and law office management as approved by the Office of Bar Counsel within the first six months of his probation. Finally, the court ordered that Thai pay his client restitution in the amount of $4,500, plus interest at the usual legal rate, for his failure to provide adequate representation in his client’s immigration case. For purposes of restitution, interest shall be calculated from February 24, 2003, the date his client’s deportation order was issued. While retained to represent a foreign national in an immigration matter before the Immigration Court, Thai failed to provide competent representation, serve his client with skill and care, represent his client zealously and diligently within the bounds of the law, act with reasonable promptness in representing his client, keep his client reasonably informed about the status of a matter and promptly comply with reasonable requests for information, and surrender papers and property to which the client was entitled (the client file) as soon as reasonably practicable. Rules 1.1(a), 1.1(b), 1.3(a), 1.3(c), 1.4(a), and 1.16(d).

Board Report and Orders (July 31, 2008)

Summary: The Board on Professional Responsibility recommends that the D.C. Court of Appeals suspended Thai for 60 days, with execution of the last 30 days of the suspension stayed in favor of unsupervised probation for one year. As conditions of his probation, Thai should be required to do the following: (1) file with the Board on Professional Responsibility and Bar Counsel a certification that he has attended six hours of Continuing Legal Education courses in legal ethics and law office management as approved by Bar Counsel, and (2) pay a former client full restitution of the fees paid Thai in the amount of $4,500, with interest computed at the usual legal rate. While retained to represent a foreign national in an immigration matter before the Immigration Court, Thai failed to provide competent representation, failed to serve his client with skill and care, failed to represent his client zealously and diligently within the bounds of the law, failed to act with reasonable promptness in representing his client and failed to keep his client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (Rules 1.1(a), 1.1(b), 1.3(a), 1.3(c) and 1.4(a))

Hearing Committee Report (December 7, 2007)

Summary:

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