In re Nguyen

Summary

The Louisiana Supreme Court considered disciplinary charges against Lance Hac Nguyen, a Texas-licensed attorney who improperly contacted a represented criminal defendant while admitted pro hac vice in Louisiana federal court and failed to cooperate with the Office of Disciplinary Counsel. Because Nguyen was not licensed in Louisiana, the court enjoined him for one year from seeking full, temporary, or limited admission to practice law in Louisiana and assessed costs against him.

Holdings

1. When a lawyer fails to answer formal disciplinary charges, the factual allegations are deemed admitted and proven by clear and convincing evidence under Supreme Court Rule XIX, § 11(E)(3), although legal conclusions flowing from those facts are not automatically deemed admitted.
2. Respondent violated Rule of Professional Conduct 4.2(a) by communicating about the subject of the representation with a criminal defendant known to be represented by another lawyer, without the other lawyer's consent or authorization.
3. Respondent violated Rule of Professional Conduct 8.1(c) by failing to cooperate with the Office of Disciplinary Counsel's investigation.
4. Because respondent was not a member of the Louisiana bar, the court could not suspend a Louisiana license but could enjoin him from seeking full, temporary, or limited admission to practice law in Louisiana for one year.

Questions Presented

1. Whether respondent's failure to answer the formal charges resulted in the factual allegations being deemed admitted and proven by clear and convincing evidence.
2. Whether respondent violated Rule of Professional Conduct 4.2(a) by communicating with a represented criminal defendant without the defendant's counsel's consent or authorization.
3. Whether respondent violated Rule of Professional Conduct 8.1(c) by failing to cooperate with the Office of Disciplinary Counsel's investigation.
4. What sanction was appropriate for an attorney who was not licensed to practice law in Louisiana.

Disposition

other