Oct 25, 2011 - You stated that you had signing authority for the H Law ... consideration. (2) Selection, drafting, or co
PRACTICE OF LAW BOARD STATE OF WASHINGTON 1325 Fourth Avenue, Suite 600, Seattle, WA 98101-2539 (206) 727-8252 Fax (206) 727-8314 Members
Thomas Andrews Seattle Nicholas Berning Bellingham Marilyn Brenneman Bainbridge Island Margaret Bridewell Richland Gail Hammer Spokane Crystal Lambert Vancouver Sophie Nomee Nespelem Michelle Ressa Spokane Priscilla A. Selden Entiat Ann Vetter-Hansen Bellingham Administrator Julie Shankland
Investigative Attorney Sandra Schilling
October 25, 2011 Kevin Y. Choi Seattle, WA RE: File No. 11-11, Unauthorized Practice of Law complaint against Kevin Y. Choi Dear Mr. Choi: The Practice of Law Board was created by the Washington State Supreme Court in General Rule (GR) 25. The Board is charged with investigating allegations of unauthorized practice of law in Washington. Revised Code of Washington (RCW) 2.48.180 states that a nonlawyer practicing law or holding himself out as entitled to practice law constitutes the unauthorized practice of law. Court rule GR 24 defines the practice of law. The unauthorized practice of law is a crime in Washington. The Board received a complaint alleging that, while working for attorney Y J. H you personally represented immigration client H K , and received payment from him without Mr. H knowledge or supervision. You signed an August 23, 2010 declaration admitting this conduct. You worked with Mr. H at H Law, a corporation that listed you as president and registered agent. In May 2008, Mr. K retained H Law to handle his immigration matter. Although Mr. K paid $3,500, he never met or spoke with Mr. H . All of his contact was with you. On June 25, 2009, Mr. H license to practice law was suspended for three years. Mr. K was not informed of Mr. H suspension. At your February 16, 2011 interview with the Practice of Law Board’s investigative attorney, you acknowledged that you did the initial intake meeting with Mr. K , as well as all follow-up meetings, that you presented Mr. K with a blank fee agreement, and that you signed Mr. H name on the agreement. You stated that, for
immigration law matters, you input clients’ information into the computer program and picked which forms to use, and that Mr. H did not know immigration law. You stated that Mr. H was never in the office, would not know about new clients, and was updated about cases “for one or two minutes,” often while passing in the hall. You stated that you had signing authority for the H Law bank accounts, and cashed the $1,000 check from Mr. K for yourself as payment for a past due “incentive” payment. Although you stated that Mr. K did meet Mr. H at least once, Mr. K denies ever meeting Mr. H . You stated that, although you had all the necessary documentation for Mr. K matter, you did not submit the documentation to USCIS for a year. In April 2010, Mr. S L contacted you on your personal cell phone, and you agreed to prepare immigration papers for his wife for $2,000. On April 22, 2010, you sent Mr. L a confirming email from your personal email account. The email letters have no letterhead or reference to a law office. Sigma Law Group, where you currently work, was incorporated on April 29, 2010. A M provided an Agreement for Attorney Services dated April 22, 2010, and stated that he participated in a phone conversation with S L and K C , but does not have any file notes and cannot confirm the date of the conversation. On May 114, 2010, Mr. L wrote you $1,000 check, that you endorsed.. Mr. M states that this $1,000 was not deposited in the Sigma Law Group trust account. Mr. L denied that his wife ever saw or signed a fee agreement, or talked with A M prior to August 2010. According to Mr. L , after paying you, he was unable to contact you. You did not file any of his immigration documents. You state that after Y J. H was suspended, attorneys D P and S C ran H Law. Mr. P denies ever presiding over H Law or supervising your work. Ms. C stated that she agreed to be president of H Law in July 2009, but left around January 2010 because she had no control over you or the office. No other attorney ran the office until A M joined the office. Mr. M states that he was approached in February or March 2010 with the possibility of keeping the office going and that he incorporated Sigma Law Group in April 2010. You are not a lawyer. RCW 2.48.180(2)(a) states that a non-lawyer practicing law or holding himself out as entitled to do so constitutes the unauthorized practice of law. GR 24(a) states that the practice of law includes, but is not limited to: (1)
Giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration.
(2)
Selection, drafting, or completion of legal documents or agreements which affect the legal rights of an entity or person(s).
(3)
Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
(4)
Negotiation of legal rights or responsibilities on behalf of another entity or person(s).
You appear to be soliciting business from the Korean community. You are not supervised by the attorneys involved. In the cases of Mr. K and Mr. L , you personally charged them fees for work that was never completed. At this time, pursuant to GR 25(f)(4)(B), we request that you enter into a written agreement with this Board, to refrain from the following conduct:
Giving advice or counsel to others as to their legal rights for fees or other consideration;
Selecting, drafting, or completing legal documents or agreements which affect the legal rights of others;
Representing others in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
Negotiating legal rights or responsibilities on behalf of others.
If you violate this agreement, evidence of your further violation, the investigative report to the Board of your past violations, the original complaint, your response, and all other evidence of such violations shall be turned over to the appropriate County Prosecutor’s Office with a request from the Board that that they prosecute you. In the event you do not return this stipulation as signed and agreed to within 15 days of the mailing of this letter, the Board will issue its report and consider forwarding this matter for prosecution. If you disagree with the POL Board’s final action, you may seek review by filing a Notice of Petition for Review with the Washington Supreme Court. The Notice must be filed within 30 days of final POL Board action. You must serve the original Notice of Petition for Review on the Supreme Court Clerk and a copy on the POL Board. Your Notice must set out you name and address, the name and address of your counsel, if any, and a concise statement of the reason for your appeal. Your Petition must comply with the Rules of Appellate Procedure (RAP). For further information on Petitions for Review, please see GR 25(g).
We are hopeful that we will be able to resolve these matters by stipulation. If you are willing to so stipulate, please sign and date your signature and have your signature witnessed by a person over the age of eighteen, who will also sign as the witness. The signed letter should be returned to the Board within 15 days. Thank you in advance for your anticipated cooperation.
Very Truly Yours,
Thomas Andrews, Chair Practice of Law Board
Enclosure: Agreement to Refrain JS:as cc: S
C
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M
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(all w/out enclosures)
