Electronically Filed
Supreme Court
SCAD-12-0000686
03-OCT-2012
09:10 AM
NO. SCAD-12-0000686
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
B. LADD UEOKA, Respondent.
ORIGINAL PROCEEDING
(ODC 09-067-8790, 09-068-8791, 09-099-8822)
ORDER
(By: Recktenwald, C.J., Acoba, McKenna, and Pollack, JJ., and
Intermediate Court of Appeals Associate Judge Leonard,
in place of Nakayama, J., recused)
Upon consideration of the motion for clarification
filed by Respondent B. Ladd Ueoka, submitted pursuant to Rule 40
of the Hawai'i Rules of Appellate Procedure, we note that Rule
2.12A of the Rules of the Supreme Court of the State of Hawai'i
(RSCH), governing attorneys suspended for failure to cooperate
with lawful disciplinary investigations, states plainly in RSCH
Rule 2.12A(b) that suspensions imposed pursuant to RSCH Rule
2.12A are effective immediately and, therefore, that Respondent
Ueoka was suspended from the practice of law as of September 17,
2012. We further note, insofar as the September 17, 2012 order
of this court imposed immediate suspension, that the 30-day
provision of RSCH Rule 2.16(c) allowing a suspended attorney to
wind up and complete, on behalf of any client, all matters that
were pending on the date of suspension does not apply to
Respondent Ueoka. It further appears the immediate suspension of
Respondent Ueoka does not prevent his general compliance with the
duties imposed by RSCH Rule 2.16, which governs duties and
responsibilities of all manner of suspended attorneys.
Therefore,
IT IS HEREBY ORDERED that Respondent Ueoka shall
immediately surrender to all clients all papers and property to
which the clients are entitled and any advance payments of fees
that have not been earned.
IT IS FURTHER ORDERED that Respondent Ueoka shall
promptly notify by registered or certified mail, return receipt
requested, all clients being represented in pending matters,
other than litigation or administrative proceedings, of his
suspension and his consequent inability to act as an attorney
after September 17, 2012, and that he shall advise said clients
to seek legal advice elsewhere.
IT IS FURTHER ORDERED that Respondent Ueoka shall
promptly notify, or cause to be notified, by registered or
certified mail, return receipt requested, each of his clients who
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is involved in pending litigation or administrative proceedings,
and the attorney or attorneys for each adverse party in such
matter or proceeding, of his suspension and consequent inability
to act as an attorney after September 17, 2012. The notice to be
given to the client shall advise the client of the desirability
of the prompt substitution of another attorney or attorneys in
place of Respondent Ueoka, while the notice to attorneys for
adverse parties shall state the place of residence of Respondent
Ueoka’s former client in the particular matter.
IT IS FURTHER ORDERED that Respondent Ueoka shall
notify in writing any presiding judges or hearing officers or, if
necessary, relevant administrative authority, in cases in which
he is attorney of record, of his current suspension from the
practice of law.
IT IS FURTHER ORDERED, in light of Respondent Ueoka’s
motion for clarification filed on September 27, 2012, that the
deadline for Respondent Ueoka to file with the supreme court an
affidavit (1) showing he has fully complied with RSCH Rule 2.16;
(2) reporting all other state, federal and administrative
jurisdictions to which he is admitted to practice; and (3) that
he has served a copy of such affidavit upon counsel for the
Office of Disciplinary Counsel, is hereby extended from September
27, 2012 to 10 days after the date of entry of this instant
order.
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IT IS FINALLY ORDERED that Respondent Ueoka shall
further comply with RSCH Rule 2.16(g) and (h) during the period
of his suspension.
DATED: Honolulu, Hawai'i, October 3, 2012.
/s/ Mark E. Recktenwald
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Katherine G. Leonard
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