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Martin E. Nwizubo (WSBA No. 27883, admitted 1998), of Tukwila, was ordered to receive a reprimand on June 19, 2008, by order of the chief hearing officer approving a stipulation. This discipline was based on conduct involving disclosure of a client's confidential information.
"Mr. J" came to the United States on December 9, 2001, from his home country of Gambia. He met with Mr. Nwizubo on September 16, 2002, and November 1, 2002, to discuss filing a petition for asylum. Mr. J was accompanied to each of these appointments by his friend. Mr. J told Mr. Nwizubo that, while living in Gambia, he was arrested and beaten because of his political beliefs. After the first meeting, Mr. Nwizubo asked Mr. J to bring back evidence to corroborate his claim that he had been persecuted in Gambia. Mr. J collected declarations and other evidence. Mr. J states that Mr. Nwizubo then told him that he had too many cases and could not represent him. Mr. J and his friend both state that Mr. Nwizubo never informed Mr. J that there was a one-year deadline in which to bring an asylum petition. Mr. J went to see another lawyer (Lawyer B) to help him with his asylum petition; however, by that time over one year had passed since Mr. J had entered the United States and his petition was time-barred. Lawyer B requested an exception to the one-year requirement based on changed circumstances, but the request was denied.
Mr. J hired a new lawyer (Lawyer C), who determined that Mr. Nwizubo's failure to advise Mr. J about the one-year rule could be the basis to request an exception to the one-year deadline. Lawyer C contacted Mr. Nwizubo on April 11, 2007, and asked him if he remembered Mr. J ever coming in to see him in 2002. At first, Mr. Nwizubo had no memory of Mr. J ever coming into the office. Mr. Nwizubo later recalled meeting with Mr. J and remembered that he decided not to represent Mr. J because he did not believe Mr. J was being truthful with him about his basis for asylum. On April 19, 2007, Lawyer C sent Mr. Nwizubo a letter with a copy of an affidavit from Mr. J. In her letter, Lawyer C said that Mr. J's affidavit would be submitted to the immigration court in support of a motion to re-open the immigration proceedings based on Mr. Nwizubo's ineffective assistance of counsel. She also told Mr. Nwizubo that the affidavit would be submitted to the Washington State Bar Association. The affidavit stated that Mr. Nwizubo had not told Mr. J about the one-year deadline for filing a petition for asylum. On April 23, 2007, Lawyer C brought a motion to re-open Mr. J's case based upon both Mr. Nwizubo's and Lawyer B's ineffective assistance of counsel. The same day, Mr. Nwizubo filed his own affidavit with immigration court. This affidavit stated that he did not trust the facts as presented by Mr. J. Mr. Nwizubo states that he disclosed that he believed Mr. J's asylum claims to be untrustworthy in order to rebut a statement in Mr. J's affidavit that Mr. Nwizubo did not take his case because he was too busy. The court granted Lawyer C's motion to reopen and granted asylum to Mr. J on August 24, 2007.
Mr. Nwizubo's conduct violated RPC 1.6(a), prohibiting a lawyer from revealing confidences or secrets relating to representation of a client unless the client consents after consultation, except for disclosures that are implicitly authorized in order to carry out the representation.
Francesca D'Angelo represented the Bar Association. Leland G. Ripley represented Mr. Nwizubo. |