In In re Sungtaek Cho, 764 N.W.2d20, (Minn 2009) the Minnesota Supreme Court suspended Sungtaek Cho from the practice of law for profession misconduct which included the neglect of client matters, failure to communicate with clients and failure to cooperate with the Director of the Office of Lawyer Professional Responsibility’s investigation.
The Minnesota Supreme Court affirmed that the lawyer was in violation of Minn. Rules of Professional Conduct 1.1, 1.3, 1.4 which dealt with attorney client relationship and 8.1(b) which deals with disciplinary matters. The lawyer was also in violation Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
The lawyer also could not be found in the state or served personally with the petition for disciplinary action that was filed on October 5, 2007. The Minn. Supreme Court allows the lawyer one year to move from vacation of the order and for leave to answer the disciplinary petition. If the lawyer fails to appear within one year the allegations in the petition for disciplinary action would be admitted.
This case teaches the importance of a lawyers duty to their clients. Under Minn. Rules of Professional Conduct 1.1,1.3, and 1.4 a lawyer shall “provide competent representation to a client which requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation”, “shall act with reasonable diligence and promptness in representing a client” and a lawyer “shall communicate with their client”. If this is not done disciplinary action may result.
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