(dissenting) — This is a disciplinary case of first impression. It involves the disbarment of an attorney who failed to secure his necessary CLE credits during 1978, was suspended, and by the majority opinion will be disbarred for violations of the Discipline Rules for Attorneys that occurred during his suspension. As every lawyer in the state has the obligation to satisfy the Continuing Legal Education (CLE) requirements, this case is important to the entire profession. The CLE program has been a tremendous aid in keeping attorneys apprised of recent decisions and techniques in the practice of law. Like any successful program, however, there are weaknesses. In recent years, the bar has delegated to third parties the right to hold these seminars for CLE credits. They have conducted seminars on some subjects that, frankly, have not been too helpful to the average practitioner. Some groups conducting such CLE seminars charge high, if not excessive, tuition for attendance. I received a notice the other day that one would be giv— "i Seattle. The tuition charge for a 2-day session was $35 ’-nother was $100 for a 1-day session. I wonder *785whether some of our less affluent practitioners and young lawyers can afford to pay these high charges in order to continue to be eligible to practice law.
Yamagiwa has become the first disbarment victim of our CLE reform system. I always thought disbarment was an extreme penalty to be used only against the lawyer who would do a dastardly act involving moral turpitude wherein any fair-minded lawyer would agree that such individual should be thrown out of the profession. I don't believe that Yamagiwa meets that test.
Facts
Robert H. Yamagiwa was admitted to the practice of law in the state of Washington on October 18, 1973. He has never had any previous bar association complaints filed against him. At the time of his hearing, he had completed his CLE requirements but had not filed a certificate of completion with the bar association. Yamagiwa's office was on the second floor of a building located on Jackson Street in Pioneer Square in downtown Seattle. The sign listing the names of three attorneys was outside the building and it was necessary to walk up a flight of stairs to get to the individual law offices. When entering the office there were no names on the door but only a number. After suspension from the practice on August 20, 1979, Yamagiwa so advised his associates and they changed the method of answering the phone from saying "law offices" to reciting the phone number. From that date forward, he did not use letterhead stating he was a lawyer.
Yamagiwa testified that the vast majority of his cases were matters pending or going before the Immigration Service for visa applications; the others were divorces. He testified he transferred his divorce cases to his associates. He then contacted the deputy director of the Immigration Service, advised him of his suspension and asked whether he would be able to represent people before the Immigration Service without being a lawyer. The deputy director stated that he could continue to appear before the Immi*786gration Service. According to testimony in the record, one need not be an attorney to represent people before the Immigration Service except on deportation matters. Yamagiwa's immigration services consisted of filing of visa petitions and sitting in on visa and investigative interviews. Bar counsel advised the hearing officer that the bar association did not contend that Yamagiwa's practice before the Immigration Service was the practice of law.
One of the charges against Mr. Yamagiwa was that he shared his office with two other attorneys and led them to believe that he was entitled to practice law. One of those attorneys, Rodney L. Kawakami, filed an affidavit in which he stated:
"I was aware that Mr. Yamagiwa had been suspended from the practice of law in the fall of 1979 for failure to meet his CLE requirements. It was my understanding that Mr. Yamagiwa was taking the proper steps to become reinstated. Sometime after Mr. Yamagiwa's suspension, Mr. Mamiya contacted the Bar Association and was advised that Mr. Yamagiwa was a member of the Bar in good standing. Based on this information from the Bar, it was then my assumption that Mr. Yamagiwa had taken his CLE credits or had otherwise satisfied this requirement and had only to be formally reinstated.
(Italics mine.)
There is not a scintilla of evidence that Yamagiwa had led his office associates to believe that he was entitled to practice law. In fact, on the contrary, they inquired themselves and were advised by the bar association that Yamagiwa was a member of the bar in good standing.
Another charge was that Yamagiwa took on new cases and assisted new clients after the date of suspension. In order to prove this charge, the bar association called Richard Ayres, an attorney from Friday Harbor, who was working as deputy prosecuting attorney in Friday Harbor from January 1979 through December 1980. One of Yamagiwa's immigration clients, Schagen, was charged by the deputy sheriff of Oreas Island of stealing two or three pieces of firewood from the Rosario resort. Prosecutor Ayres testified *787in part as follows:
Q. At that time, what was your understanding of Mr. Yamagiwa's status in regard to Mr. Schagen?
A. There is something that Mr. Yamagiwa told me, like I told you over the telephone I'm a little concerned about. My recollection is that he stated that he wasn't actually going to represent him in any kind of misdemeanor trial if there were to be one and that sort of thing, but he was inquiring and just trying to help him out down here if anything could be done. That's my recollection of it. I believe he stated something about — I remember him saying that he was basically involved, I think, in immigration or helping aliens, that sort of thing with their status. That was really just about it to my recollection.
(Italics mine.)
The bar's finding that "Yamagiwa represented an individual named Schagen on a criminal matter who was charged with a misdemeanor theft charge in San Juan County" is not only lacking in supporting evidence, but was proved to the contrary.
The stipulation that Ayres sent was never returned and Schagen related that he hired another lawyer in Friday Harbor, and the second lawyer prepared another stipulation that settled the criminal matter.
In addition to Schagen's testimony, bar counsel subpoenaed four other files which she claimed were new cases secured by Yamagiwa during his suspension period.
1. The first one was labeled "Askew". Bar counsel introduced into evidence a letter dated November 8, 1979, requesting payment of a $2,000 attorney's fee. Yamagiwa denied that the services were rendered during his suspension and testified: "If I may, the letter addressed to Mr. Askew is dated November 8, 1979. There was no case to take on." Apparently this fee was for services rendered prior to his suspension.
2. The second file was labeled "Rana". On June 16, 1980, in response to a request from an attorney in Eugene, Oregon, Yamagiwa was asked to review an application for a *788labor certification that a Mr. Wu was preparing for one of his clients. This matter involved an Oregon attorney and an Oregon client, and the retention of the attorney was in Oregon. There's no indication whether it involved an immigration or legal matter requiring a bar license, and there is no evidence that Yamagiwa reviewed the certification as a layman or as an attorney.
3. The third file was labeled "Sibolodoro". Apparently the bar examiner was under the impression the file was opened subsequent to Yamagiwa's suspension for assistance in an adoption matter. However, Yamagiwa negated the charge by testifying:
A. The file was opened to assist Mrs. Sibolodoro in obtaining a visa for her adopted child in the Phillipines [síc].
Q. The child was already adopted at that time?
A. Yes.
4. The fourth file was captioned "Senevirante". As part of that file, Yamagiwa directed a letter, under date of September 14, 1979, to a Miss Fuentes requesting attorney's fee in the amount of $500. In the testimony, it developed that this fee was requested for representation before the Immigration Service, not on a legal case.
Reading the testimony, I can only conclude that the four so-called incriminating files against Yamagiwa were not incriminating.
The record shows that on December 15, 1980, bar association staff attorney Caroline Davis wrote Yamagiwa (exhibit 9) concerning a complaint of Dan P. Danilov, an attorney who also specializes in immigration matters. On January 19, 1981, a second letter was initiated by Ms. Davis (exhibit 10) asking Mr. Yamagiwa to respond to the complaint of Mr. Danilov. On February 2, 1981, a third letter was sent (exhibit 11), again requesting a response to Mr. Danilov's letter. On April 14, 1981, a fourth letter was sent to Yamagiwa asking a response to the complaint of Mr. Danilov. In such letter (exhibit 12), Ms. Davis stated: "To date I have received no response to this letter. This is the *789fourth letter I have sent you concerning the complaint of Mr. Danilov".
When Yamagiwa was examined by the bar counsel, he stated he had never received the December 15, 1980, letter which was the first letter concerning the complaint of Danilov. He admitted he received the January 19, 1981, letter but explained that he didn't answer it because in the latter part of January or the early part of February he was involved in an accident and was hospitalized, and upon recuperation from that "I threw my back out again". He stated he was in the hospital 5 or 6 days. He denied that he received the letter of February 2, 1981. He denied that he received the letter of April 14 also regarding Mr. Danilov's complaint. When asked why he didn't pick up his certified letters at the post office, he answered:
It was difficult for me to get to the post office.[4] I received a notice and on a couple of occasions I would try to have people go pick it up. One person came back and said the line was so long on that particular day and I told them, well, we would try again some other particular time.
The bar association contends that Yamagiwa willfully disregarded a subpoena to take his deposition. He testified that he intended to appear but, through neglect, overlooked the date. He then called the bar office and rescheduled the same, and appeared. The bar made no attempt to dispute this testimony which clearly shows that Yamagiwa's actions were not willful.
Pursuant to DRA 6.7(b), Yamagiwa had an obligation to advise his clients of his suspension. He transferred all his divorce cases to other attorneys. His immigration practice could be performed by a layman, so there is some question in my mind whether notification would have served any useful purpose, or whether there was a violation of DRA 6.7(b) in failing to notify such clients under these circum*790stances. If he was going to continue to represent clients before the Immigration Service, why would he have to advise them that he could not represent them during his suspension?
Summary
In my opinion, evidence in the record established that Yamagiwa was guilty of the following charges:
1. That, after suspension, he failed to remove his name from a sign located at the street-level entrance at 671 South Jackson Street which listed Yamagiwa as a lawyer sharing office space with two other lawyers.
2. That he failed to respond within a reasonable time to three letters from the bar association requesting a response to a disciplinary complaint in regard to his practicing during suspension. He also failed to timely respond to bar association letters regarding the complaints of Dan Danilov.
3. That he failed to advise his clients in writing that he had been suspended.
The record also established that Yamagiwa was not guilty of the following charges:
1. Taking on new law cases and clients after the date of suspension and requesting "attorney fees" from these clients for legal work performed while suspended.
2. Representing, during his suspension, that he was an attorney.
3. Representing Schagen on a criminal case.
4. Violating DRA l.l(j) (willful disregard of a subpoena of bar counsel).
Conclusion
A simple failure to timely secure necessary CLE credits ends in disbarment. This is a tragedy.
The bar's letter of May 7, 1980, directed to Yamagiwa, advised of a complaint that he was practicing law before the Immigration Service while he was suspended. The record established that Yamagiwa's representation of clients on immigration matters was not the practice of law. A simple response at that time by Yamagiwa would have *791ended the matter. Unfortunately, he was emotionally disturbed during this period as his stepson was missing. Later he was involved in an accident, injuring his back, which further complicated matters.
Under our rules, if a lawyer fails to fulfill his CLE requirements by May 1 of the year following the year in which he failed to secure the necessary credits, the Board of Governors, at their discretion, may put such a lawyer on the inactive list, conditionally remove his name from the active list, or recommend suspension to the Supreme Court.5 Everyone is not treated the same. Would the Board of Governors recommend disbarment of a lawyer on the inactive list if he took on a few new clients?
I raise these issues because I believe the time has come to provide uniform disciplinary rules for all lawyers who fail in their CLE requirements. Secondly, specific penalties should be provided for those who are guilty of additional violations while under suspension for failure to meet CLE requirements. Such penalties should be substantially less severe than penalties imposed upon those who have their licenses suspended for other reasons.
The majority says, "He did not appear at the hearing before this court. From this inaction we can only assume that Mr. Yamagiwa does not wish to contest the Board's order". The record showed he contacted an appellate attorney who called our clerk's office, but decided not to appear on Yamagiwa's behalf. Apparently Yamagiwa couldn't afford to pay an attorney's fee on appeal.
At the bar hearing, he defended himself quite ably, denying many charges, but readily admitting his violations with simple candor. I am satisfied that the injuries he received in an accident, his continued poor health and the emotional stress caused by the disappearance of his stepson were mitigating circumstances that the bar examiner and the bar association have overlooked.
I believe that, on this record, disbarment for Yamagiwa is *792much too severe. I would suspend Yamagiwa's license for 3 months, retroactive to the date of the disciplinary hearing.
Rosellini, J., concurs with Dore, J.
4Yamagiwa testified that, since the accident up to the time of the hearing, he had been physically disabled and had been only able to work approximately 10 hours a week.
Admission to Practice Rule 11.