Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
17-OCT-2019
08:00 AM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
MAILE LANI ESTEBAN-TRINIDAD,
Respondent.
ORIGINAL PROCEEDING
(ODC # 19-0370)
ORDER OF SUSPENSION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the Office of Disciplinary
Counsel’s July 26, 2019 petition for issuance of a reciprocal
discipline notice to Respondent Maile Lani Esteban-Trinidad,
pursuant to Rule 2.15(b) of the Rules of the Supreme Court of the
State of Hawai#i (RSCH), the memorandum, declaration, and
exhibits appended thereto, the court’s August 19, 2019 Notice and
Order, Respondent Esteban-Trinidad’s untimely September 30, 2019
response, and the Office of Disciplinary Counsel’s (ODC)
October 1, 2019 reply and the record, we find that, on July 5,
2019, the Nevada Supreme Court concluded Esteban-Trinidad had
misappropriated client funds for office and personal expenses,
and commingled personal funds with client funds, causing those
clients actual injury, in violation of her duty under Rule 1.15
of the Nevada Rules of Professional Conduct to safeguard client
property. In aggravation, the court found a pattern of
misconduct, multiple offenses, and substantial experience in the
practice of law and, in mitigation, found Esteban-Trinidad had
made full and free disclosure, had a good reputation and
character, had expressed remorse, had a clean disciplinary
record, and had faced personal problems during the relevant time,
the mitigating factors, particularly the latter two, sufficient
to reduce the appropriate discipline to a period of suspension of
six months and one day and court-ordered restitution. Such
conduct, if committed in this jurisdiction, would violate Rules
1.15(a) and 1.15(c) of the Hawai#i Rules of Professional Conduct
(2014) and, weighed in light of the aggravating and mitigating
factors cited by the court, would justify a similar period of
suspension. Therefore,
IT IS HEREBY ORDERED that Respondent Esteban-Trinidad
is suspended from the practice of law in this jurisdiction for
181 days pursuant to RSCH Rules 2.3(a)(2) and 2.15(c), effective
thirty days after the entry of this order.
IT IS FURTHER ORDERED that Respondent Esteban-Trinidad
shall, in accordance with RSCH Rule 2.16(d), file with this
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court, within 10 days after the effective date of her suspension,
an affidavit showing compliance with RSCH Rule 2.16(d).
IT IS FURTHER ORDERED that Respondent Esteban-Trinidad
shall bear the costs of these reciprocal proceedings, pursuant to
RSCH Rule 2.3(c), upon the timely submission of a verified bill
of costs by the Office of Disciplinary Counsel.
IT IS FURTHER ORDERED that Respondent Esteban-Trinidad
shall not resume the practice of law in this jurisdiction until
re-admitted by order of this court, as set forth in RSCH Rules
2.17(a) and 2.17(b)(2). Any application for reinstatement shall
include proof of readmission to, and good standing with, the
Nevada State Bar.
DATED: Honolulu, Hawai#i, October 17, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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