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The Indiana Supreme Court has publicly reprimanded a South Bend attorney after she failed to ensure a waiver form for an immigration case successfully reached the United States Citizenship and Immigration Services’s office.
The high court issued a disciplinary order Friday for In the Matter of: Cecilia Monterrosa, 23S-DI-127, finding Cecilia Monterrosa had violated Indiana Professional Conduct Rules 1.3 and 1.4 (a)(3).
According to court records, a client hired Monterrosa to represent him in an immigration matter.
In March 2018, the client and Monterrosa executed a waiver form set to expire in July 2018.
The client provided Monterrosa with three MoneyGram orders to pay the fees associated with filing the waiver form.
MoneyGram orders incur monthly service charges beginning one year after the date of purchase.
Monterrosa took no action to confirm the waiver form and money orders were received by the USCIS office.
Monterrosa’s mailing to the USCIS office was unsuccessful, and the United States Postal Service returned the undelivered mailing to Monterrosa in June 2020.
In July 2020, Monterrosa re-sent the waiver form and MoneyGram orders to USCIS, without telling the client.
USCIS issued a notice rejecting the waiver form as outdated and because the MoneyGram orders had expired.
Monterrosa’s next documented attempt to communicate with the client was a letter sent in November 2020, asking the client to contact her.
In March 2021, Monterrosa contacted the client seeking to collect an outstanding fee balance.
According to the order, the parties agree that Monterrosa violated Indiana Professional Conduct Rules prohibiting the following misconduct: Failure to act with reasonable diligence and promptness and failure to keep a client reasonably informed about the status of a matter.
The high court approved a public reprimand for Monterrosa’s misconduct.
Also, the costs of the proceeding were assessed against Monterrosa, with the court orders her to pay $266.68 by check made payable and transmitted to the Clerk of the Indiana Supreme Court.
Chief Justice Loretta Rush issued the order, with all justices concurring.
According to the Indiana Roll of Attorneys, Monterrosa was admitted to the bar in November 2014. She has no other disciplinary actions and is listed as active in good
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