Narrative Opinion Summary
In this disciplinary proceeding, the respondent, a legal practitioner, was suspended from practicing law for a period of 45 days due to multiple violations of the Hawai#i Rules of Professional Conduct. The violations included failing to communicate in a timely manner with a client, improper maintenance of a client trust account, commingling of client funds with personal funds, inaccurate financial record-keeping, and failure to withdraw from representation or issue refunds promptly. These actions contravened several specific rules, including 1.4(a), 1.15(a)(1), 1.15(a)(2), 1.15(c), 1.15(d), 1.15(f)(3), and 1.16(d). Aggravating factors included a prior informal admonition in 2003 and the numerous current violations. However, mitigating factors such as full cooperation with the Office of Disciplinary Counsel, participation in a Voluntary Settlement Conference, and expressed remorse were considered. As part of the disciplinary measures, the respondent is required to complete a course on client fund management within 180 days and provide proof of completion, along with an affidavit of compliance with specific rules. The suspension is set to take effect 30 days from the order's entry date, and the respondent must bear all associated costs of the proceedings. Reinstatement to practice law is contingent upon court order following compliance with these conditions.
Legal Issues Addressed
Conditions for Reinstatement of Legal Practicesubscribe to see similar legal issues
Application: The respondent must complete a client fund management course and submit proof of completion, along with an affidavit of compliance, before reinstatement.
Reasoning: Eliason must complete a course on client fund management at his own expense within 180 days and submit proof of completion to the court and Disciplinary Board within 10 days. Additionally, he is required to submit an affidavit demonstrating compliance with specific rules within 10 days after his suspension's effective date...
Consideration of Aggravating and Mitigating Factorssubscribe to see similar legal issues
Application: The respondent's prior informal admonition and numerous current violations were considered aggravating factors, while his cooperation and remorse were mitigating factors.
Reasoning: In aggravation, Eliason has a prior informal admonition from 2003, and his current violations are deemed numerous. However, he cooperated fully with the Office of Disciplinary Counsel, participated in a Voluntary Settlement Conference, and expressed remorse, which were considered mitigating factors.
Failure to Communicate with Clientsubscribe to see similar legal issues
Application: The respondent violated professional conduct rules by failing to communicate timely with his client.
Reasoning: The findings indicate he failed to communicate timely with his client...
Failure to Maintain Client Trust Accountsubscribe to see similar legal issues
Application: The respondent failed to maintain a proper client trust account and commingled unearned client funds with personal funds, violating specific professional conduct rules.
Reasoning: The findings indicate he...did not maintain a proper client trust account, commingled unearned client funds with personal funds, did not maintain accurate financial records...
Obligation to Withdraw and Refundsubscribe to see similar legal issues
Application: The respondent failed to withdraw from representation or issue a refund promptly as required by professional conduct rules.
Reasoning: The findings indicate he...failed to withdraw from representation or issue a refund promptly.
Suspension of Legal Practice for Ethical Violationssubscribe to see similar legal issues
Application: The respondent is suspended from practicing law for 45 days due to violations of several professional conduct rules.
Reasoning: Respondent Harry E. Eliason is suspended from practicing law for 45 days due to multiple violations of the Hawai#i Rules of Professional Conduct.