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

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.

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