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Yukio Morikubo (WSBA No. 21608, admitted 1992), of Redmond, has been suspended for 60 days by order of the Supreme Court approving a stipulation, effective May 30, 2002. This discipline is based on his practice of law while suspended, and failure to file an affidavit of compliance from 1997 to 2000.
By order on December 26, 1997, the Supreme Court suspended Mr. Morikubo from the active practice of law in Washington for failure to comply with mandatory continuing legal education (MCLE) requirements. Notice of this suspension was sent the same day, by letter, to Mr. Morikubo. Following his suspension, Mr. Morikubo failed to file an affidavit establishing compliance with the provisions of RLD Title 8.
In March 1999, Mr. Morikubo requested information regarding the amount of license fees, late fees and CLE credits required for him to be reinstated to active practice. By March 2001, Mr. Morikubo had obtained sufficient credits to satisfy the CLE requirement, and had paid the applicable fees and penalties. He submitted an application for change in membership status which stated that he had engaged in "direct or continuing active legal experience since [he] became suspended." Specifically, Mr. Morikubo disclosed that he had been employed as corporate counsel for two companies and as an associate in a Seattle law firm during his suspension. During this period of time, Mr. Morikubo did not appear in court.
On April 24, 2001, the MCLE Board sent a declaration of compliance to the Supreme Court. By order of the Supreme Court, entered April 27, 2001, Mr. Morikubo was reinstated to the active practice of law.
Mr. Morikubo’s conduct violated RPC 5.5(a), which prohibits lawyers from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; RLD 8.2, which states a disbarred or suspended lawyer shall not accept any new retainer, give any legal advice, or act as the lawyer for another in a pending case or legal matter of any nature after the effective date of his or her disbarment or suspension; and RLD 8.3, which states a lawyer shall, within 25 days after the effective date of his or her disbarment, suspension or transfer to disability inactive status, file an affidavit with the Bar Association stating that he or she has fully complied with the provisions of these rules.
Douglas Ende represented the Bar Association. Kurt Bulmer represented Mr. Morikubo.
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