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Nicholas A. Nuamah (WSBA No. 25010, admitted 1995), of Seattle, received a reprimand on February 23, 2009, by order of the hearing officer. This discipline was based on conduct in two matters involving lack of competent representation, failing to act with reasonable diligence, and failure to communicate.
Matter No. 1: In 2001, Mr. Nuamah represented a client seeking asylum in the United States. Based on erroneous advice he had previously received from a non-lawyer legal representative, Client A failed to timely seek asylum status. Although Mr. Nuamah was aware that Client A had acted on the erroneous advice, he failed to advise Client A to raise the issue of ineffective assistance of counsel to excuse the untimeliness of his asylum application. After his application for asylum was denied, Client A subsequently dismissed Mr. Nuamah and hired a new attorney, who successfully argued Client A’s matter based on ineffective assistance of counsel.
Matter No. 2: In 2003, Mr. Nuamah undertook the representation of Client B, whose asylum application was not timely filed due to inadequate advice of a previous lawyer. Although Mr. Nuamah was aware of the circumstances, he did not advise Client B to raise an ineffective assistance of counsel claim. When the matter came on for hearing, Mr. Nuamah did not prepare Client B to testify regarding the former counsel. When the immigration judge indicated he was denying the asylum request, he inquired whether Client B would consent to waiving the right to appeal. Without fully explaining to Client B the significance of such a waiver, Mr. Nuamah informed the judge that Client B had consented to waiving the right to appeal. Client B hired a new attorney, who brought a motion to reopen the matter based on ineffective assistance of counsel.
Mr. Nuamah’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; and RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Leslie C. Allen represented the Bar Association. William L. Cameron represented Mr. Nuamah. David A. Summers was the hearing officer. |