Office of Disciplinary Counsel v. Brenner
This text of Office of Disciplinary Counsel v. Brenner (Office of Disciplinary Counsel v. Brenner) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NO. 26079
IN THE SUPREME COURT OF THE STATE OF HAWA§§I §§ oFFIcE oF DISCIPLINARY CoUNsEL, petitioner §§ NATHAN R. BRENNER, Respondent. §§
ORIGINAL PROCEEDING
(ODC 03-215-78l5, 03-264-7864, 03-275-7875, 03-301-790l, 03-303-7903, 03-323~7923, 03-004-7984, 07-O55~85l5, 07-056-85l6,
07-128-8588, 07-129-8589,
O3~285-7885,
03-335-7935, 03-374-7974, 07-126-8586, O7-l27~8587, lO-001-8835)
ORDER ALLOWING RESIGNATION l
N LIEU OF DISCIPLINE (By: Moon, C.J.,
Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the Office of Disciplinary Counsel’s “Petition for Order Granting Request of Nathan R. Brenner to Resign From the Practice of Law in Lieu of Discipline”
and the memorandum, affidavit, and exhibit in support thereof, it
appears the Petition is supported by Respondent Brenner’s affidavit,
2.l4(a) (RSCH).
and the affidavit meets the requirements of Rule of the Rules of the Supreme Court of the State of HawaiH
In sum, Respondent Brenner admits to multiple instances
in which he was retained, paid, did little or no work
, neglected or abandoned his clients, failed to keep proper account or
account to his clients and surrender property to them, misappropriated money,
l.6, 3.4,
and in violation of Rules l.l, l.3, l.4, l.l5, and 8.4 of the Hawafi Rules of Professional Conduct.
It_further appears that Respondent Brenner is currently on
inactive status, has no practice to close,
should be effective immediately, of Rule 2.l6(c)
and the resignation notwithstanding the provisions of the Rules of the Supreme Court of the State of HawaiU… lt further appears that Respondent Brenner's behavior included multiple acts of misappropriation and that any reinstatement must be predicated upon full restitution of all
misappropriated money. Therefore,
lT IS HEREBY ORDERED, pursuant to Rule 2.l4 of the Rules of the»Supreme Court of the State of HawaiU, that the Petition is granted, and Respondent Brenner’s request to resign in lieu of discipline is granted, effective immediately. v
IT IS FURTHER ORDERED that any reinstatement is conditioned upon proof that Respondent Brenner has made full restitution of all misappropriated monies.
IT IS FURTHER ORDERED that (l) the Clerk shall remove Respondent Brenner’s name from the role of attorneys licensed to practice law in this jurisdiction and (2) within thirty (30) days after entry of this order, Respondent Brenner shall submit to the Clerk of this court the original certificate evidencing his license to practice law in this jurisdiction.
IT IS FURTHER ORDERED that (l) Respondent Brenner shall comply with the requirements of RSCH Rule 2.l6 and (2) the Disciplinary Board shall provide notice to the judges as required by RSCH Rule 2.l6(f), but Respondent Brenner having been on inactive status since May 2, 2005, the Disciplinary Board need not publish the notice of disbarment that would otherwise have been required by RSCH Rule 2.l6(e).
IT IS FINALLY ORDERED that Respondent Brenner shall pay to the Disciplinary Board all costs associated with these proceedings.
DATED: H@n@lulu, Hawai‘i, July 19, 2010.
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