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Restitution and Compliance-Burden of Proof- Reinstatement of Law License


Restitution and Compliance-Burden of Proof- Reinstatement of Law License

Case Name: Office of Lawyer Regulation v. Amoun Vang Sayaovong

Focus: Restitution and Compliance-Burden of Proof- Reinstatement of Law License

Attorney Amoun Vang Sayaovong sought reinstatement of his law license after it was suspended in 2015 for multiple counts of misconduct. The referee, Joseph D. Jacobson, recommended denial of the petition, finding that while Sayaovong met some criteria for reinstatement, he failed to fulfill others, including failure to pay restitution ordered in previous disciplinary actions, his noncompliance with suspension-related procedures, and a lack of reliable evidence to support his claims of recovery from a period of depression that he cited as the cause of his prior misconduct.

The referee noted that Sayaovong had not made sufficient efforts to locate former clients for restitution or pay outstanding fines. His failure to seek professional mental health treatment or offer evidence of his recovery cast doubt on his fitness to practice law. Additionally, the referee found that Sayaovong's inconsistent and sometimes false statements during the reinstatement process, including claims about compliance with suspension terms, reflected poorly on his understanding of professional responsibilities.

Although witnesses testified in his favor, their testimonies did not address the critical issues related to his professional conduct. Sayaovong's appeal contested the referee's impartiality and conclusions but did not alter the findings. The Supreme Court agreed with the referee's recommendation and ordered Sayaovong to pay the costs of the proceedings, totaling $4,160.75.

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