Electronically Filed
Supreme Court
SCPR-15-0000748
29-OCT-2015
08:56 AM
SCPR-15-0000748
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DISCIPLINARY BOARD OF THE HAWAI#I SUPREME COURT,
Petitioner,
vs.
DIANA R. DANMEYER,
Respondent.
ORIGINAL PROCEEDING
(ODC CASE NO. 13-034-9105)
ORDER ALLOWING RESIGNATION IN LIEU OF DISCIPLINE
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the petition submitted by the
Disciplinary Board of the Hawai#i Supreme Court for an order
granting the request of attorney Diana R. Danmeyer to resign from
the practice of law in lieu of discipline, and the affidavits and
exhibits attached in support thereof, we note the petition is
supported by Respondent Danmeyer’s affidavit, which meets the
requirements of Rule 2.14(a) of the Rules of the Supreme Court of
the State of Hawai#i (RSCH), and in which Respondent Danmeyer
avers and admits she renegotiated two contingency fee agreements
without complying with the requirements of Rule 1.8(a) of the
Hawai#i Rules of Professional Conduct (HRPC), received client
monies totaling at least $23,000.00 between October, 2010 and
November, 2011, which she deposited directly into her business
account – on at least six occasions using unlabeled deposit slips
– rather than a client trust account, and for which she did not
maintain required financial records, and entered into a law
partnership and shared fees with an individual not licensed to
practice law in this jurisdiction, in violation of HRPC Rules
1.8(a), 1.15(b), 1.15(d), 1.15(f)(3), 1.15(g), 5.4(a), and
5.4(b), constituting misconduct sufficient to justify granting
the petition. Therefore,
IT IS HEREBY ORDERED that the petition to resign in
lieu of discipline is granted.
IT IS FURTHER ORDERED that Respondent Danmeyer’s
resignation shall become effective 30 days after the date of this
order, as provided by RSCH Rules 2.14(d) and 2.16(c).
IT IS FURTHER ORDERED that the Clerk of this court
shall remove Respondent Danmeyer’s name from the role of
attorneys licensed to practice law in this jurisdiction and,
within thirty days after entry of this order, Respondent Danmeyer
shall submit to the Clerk the original certificate evidencing her
license to practice law in this jurisdiction or an affidavit
establishing good cause for her failure to do so.
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IT IS FURTHER ORDERED that Respondent Danmeyer shall
comply with the requirements of RSCH Rule 2.16 governing
disbarred attorneys and the Disciplinary Board of the Supreme
Court of the State of Hawai#i shall provide notice of the
disbarment as required by RSCH Rules 2.16(e) and 2.16(f).
IT IS FINALLY ORDERED that Respondent Danmeyer shall
bear the costs of these proceedings upon the timely submission by
ODC of a verified bill of costs, as authorized by RSCH Rule
2.3(c).
DATED: Honolulu, Hawai#i, October 29, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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