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James J. Rosenberger (WSBA No. 16043, admitted 1986), of Seattle, was suspended for thirty (30) days by order of the Supreme Court approving a stipulation, effective May 29, 2002. This discipline was based on his acting as a lawyer while his license to practice law was suspended during July and August 2001.
On July 25, 2001, the Supreme Court entered an order suspending Mr. Rosenberger’s license to practice law for nonpayment of WSBA dues. On July 26, 2001, the Association notified Mr. Rosenberger of his suspension by certified mail. Mr. Rosenberger did not file an affidavit establishing compliance with the provisions of RLD Title 8. Mr. Rosenberger indicated he did not receive the order of suspension or the certified mail notice of his suspension, and learned of his suspension on August 31, 2001 from the United States District Court. That same day, Mr. Rosenberger appeared at the Association offices and made full payment on his outstanding membership fees, late fees and penalties, and requested that his status be changed to active. Mr. Rosenberger disclosed that he had been practicing law during the period of his suspension. On September 5, 2001, the Supreme Court reinstated Mr. Rosenberger to the active practice of law.
Mr. Rosenberger’s conduct violated RPC 5.5(a), prohibiting a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; RLD 8.2, prohibiting a suspended lawyer from accepting any new retainers, giving any legal advice, or acting as a lawyer in a pending case or legal matter of any nature after the effective date of his suspension; and RLD 8.3, requiring a suspended lawyer, within 25 days after the effective date of a suspension, to file an affidavit stating that he has fully complied with the provisions of these rules.
Becky Neal represented the Bar Association. Paul Burns represented Mr. Rosenberger.
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