Office of Disciplinary Counsel v. Miki

• Court: Hawaii Supreme Court
• Decided: March 24, 2011
• Docket: SCAD-11-0000025
• Status: Published

Opinion

Electronically Filed Supreme Court SCAD-11-0000025 24-MAR-2011 02:35 PM SCAD-11-0000025

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

OFFICE OF DISCIPLINARY COUNSEL, Petitioner,

vs.

LEE T. MIKI, Respondent.

ORIGINAL PROCEEDING

(ODC 06-106-8446, 07-146-8606)

ORDER OF SUSPENSION

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy and McKenna, JJ.)

Upon consideration of the Disciplinary Board’s Report and Recommendation to suspend Respondent Lee T. Miki from the practice of law for 2 years, the Board’s recommendation for conditions of reinstatement, and Respondent Miki’s lack of response thereto, it appears that in the representation of two clients, Respondent Miki committed multiple violations of the following Hawai'i Rules of Professional Conduct: HRPC Rule 1.2(a) A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to paragraphs(c), (d) and (e), and shall consult with the client as to the means by which the objectives are to be pursued.

HRPC Rule 1.3 A lawyer shall act with reasonable diligence and promptness in representing a client.

HRPC Rule 1.4(a) A lawyer shall keep a client reasonably informed about the

status of a matter and promptly

comply with reasonable requests for

information.

HRPC Rule 1.4(b) A lawyer shall explain a matter to

the extent reasonably necessary to

permit the client to make informed

decisions regarding the

representation.

HRPC Rule 1.16(a) Except as stated in paragraph (c),

a lawyer shall not represent a

client or, where representation has

commenced, shall withdraw from the

representation if:

(1) the representation will result

in the violation of the Rules

of Professional Conduct or

other law.

HRPC Rule 1.16(d)

Upon termination of representation,

a lawyer shall take steps to the

extent reasonably practicable to

protect a client’s interests, such

as giving reasonable notice to the

client, allowing time for

employment of other counsel,

surrendering papers and property to

which the client is entitled, and

refunding any advance payment that

has not been earned.

HRPC Rule 3.2

A lawyer shall make reasonable

efforts to expedite litigation

consistent with the legitimate

interests of the client.

HRPC Rule 3.4(e)

A lawyer shall not knowingly

disobey an obligation under the

rules of a tribunal except for an

open refusal based on an assertion

that no valid obligation exists.

HRPC Rule 8.4(a)

It is professional misconduct for a

lawyer to violate the rules of

professional conduct.

HRPC Rule 8.4(c)

lawyer to engage in conduct

involving dishonesty, fraud,

deceit, or misrepresentation.

It further appears the recommended discipline and conditions are warranted under the stipulated facts, except that the recommendation to require participation in the Attorneys and Judges Assistance Program is not warranted pursuant to Rule 2.3 of the Rules of the Supreme Court of the State of Hawai'i. Therefore, IT IS HEREBY ORDERED that Respondent Miki is suspended from the practice of law in this jurisdiction for 2 years, effective 30 days after entry of this order as provided by Rule 2.16(c) of the Rules of the Supreme Court of the State of Hawai'i (RSCH). IT IS FURTHER ORDERED that before Respondent Miki may

apply for reinstatement, he must, in addition to all other

standards for reinstatement set out in RSCH Rule 2.17(b):

1. pay and provide proof of payment of restitution in

the amount of $1,481.20 to Arson Yoshikawa;

2. take and pass the Multi-State Professional

Responsibility Examination; and

3. reimburse the Office of Disciplinary Counsel and

the Disciplinary Board for any costs ordered in

these proceedings.

DATED: Honolulu, Hawai'i, March 24, 2011. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna