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Stuart I. Folinsky (WSBA No. 20687, admitted 1991), of Los Angeles, CA, was ordered to receive two reprimands, effective September 30, 2004, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with orders of the State Bar Court of the State of California. This discipline was based on his conduct in 2002, 2003, and 2004, involving acts of misconduct in multiple immigration matters.
Matter 1: This matter comprises misconduct in three client matters.
• In 2002, a client paid Mr. Folinsky $900 to prepare an I-360 visa petition. Mr. Folinsky failed to timely file the petition, and the client was subject to deportation proceedings.
• In September 2003, Mr. Folinsky was paid $3,000 to represent two clients in an immigration matter. In October 2003, the clients terminated the representation and hired another lawyer. Although the clients repeatedly requested that he do so, Mr. Folinsky failed to promptly refund the unearned fees.
• In 2001, Mr. Folinsky was hired to prepare an Immigrant Petition for Alien Worker, Form I-140. After numerous inquiries from the client, Mr. Folinsky discovered in February 2004 that he had never filed the petition.
Matter 2: This matter comprises misconduct in two client matters.
• In 1993, a client paid Mr. Folinsky $1,500 to represent her in connection with an application for asylum. From November 1993 through mid-1995, Mr. Folinsky took no affirmative steps to respond to an INS letter expressing an intention to deny the application for asylum, and he did not communicate with the client. In August 1995, following her marriage, the client paid Mr. Folinsky another $465 for an adjustment of status to lawful permanent resident. Mr. Folinsky did not respond to the client’s numerous requests for information, and failed to file any documents on behalf of the client. The client sued Mr. Folinsky, seeking return of all fees paid to him, and a judgment was entered against him.
• In 1996, Mr. Folinsky was paid $560 to file a petition for permanent residence. Mr. Folinsky did not file the petition, nor did he respond to numerous client inquiries concerning the status of the case. Although the client terminated the representation and requested a refund, Mr. Folinsky failed to promptly refund the unearned fees.
Mr. Folinsky’s conduct violated California Business and Professions Code § 6068(m), requiring a lawyer to respond promptly to reasonable status inquiries from a client; California Rules of Professional Conduct 3-700(D)(2), requiring a lawyer to promptly return unearned fees; and 3-110(a), prohibiting a lawyer from intentionally, recklessly, or repeatedly failing to perform legal services with competence.
Felice Congalton represented the Bar Association. Mr. Folinsky represented himself. |