Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
10-JUL-2018
10:50 AM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
PHILIP M. KLEINSMITH,
Respondent.
ORIGINAL PROCEEDING
(ODC 17-O-267)
ORDER OF DISBARMENT
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson JJ.)
Upon consideration of the petition for issuance of a
reciprocal discipline notice upon Respondent Philip Martin
Kleinsmith, filed on April 10, 2018 by the Office of Disciplinary
Counsel (ODC) pursuant to Rule 2.15(b) of the Rules of the Supreme
Court of the State of Hawai#i (RSCH), and the memorandum and
exhibits appended thereto, and the record in this matter, we find
that, on December 21, 2016, the Supreme Court of the State of
Colorado entered an order, disbarring Respondent Kleinsmith,
effective December 23, 2016, having concluded Kleinsmith had
converted more than $55,000.00 in funds owed to a title company to
pay expenses for his law firm, and having found, in aggravation,
that Kleinsmith had substantial experience in the practice of law,
had previously been disciplined, exhibited a dishonest and selfish
motive, engaged in a pattern of misconduct, refused to acknowledge
the wrongful nature of his conduct, and was indifferent to making
restitution, conduct which, if committed in this jurisdiction,
would constitute violations of Rules 1.15(a) and 8.4(c) of the
Hawai#i Rules of Professional Conduct (2014). We further find that
the record in this matter establishes that service of a Notice and
Order was properly made upon Respondent Kleinsmith on April 25,
2018 at the address Respondent Kleinsmith has registered with the
Hawai#i State Bar Association for service of process and, therefore,
that Respondent Kleinsmith had until May 25, 2018 to show cause as
to why reciprocal discipline in this jurisdiction is unwarranted.
Respondent Kleinsmith has failed to respond to the Notice and
Order, and a review of the record and precedent demonstrates,
pursuant to RSCH Rules 2.15(c) and (d), that reciprocal discipline
is authorized and justified. Therefore,
IT IS HEREBY ORDERED that Respondent Philip Martin
Kleinsmith is disbarred from the practice of law in this
jurisdiction, pursuant to RSCH Rules 2.3(a)(1) and 2.15(c).
Furthermore, RSCH Rule 2.16(c) notwithstanding, insofar as the
record indicates Respondent Kleinsmith is not present in the
jurisdiction and is on involuntary inactive status, the disbarment
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shall be effective immediately upon entry of this order.
IT IS FINALLY ORDERED that Respondent Kleinsmith is
reminded he may not resume the practice of law in this jurisdiction
until reinstated by order of this court.
DATED: Honolulu, Hawai#i, July 10, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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