Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
30-APR-2020
08:06 AM
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
CHARLES H. BROWER,
Respondent.
ORIGINAL PROCEEDING
(ODC Case Nos. 15-010-9229, 15-023-9242 and 15-041-9260)
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon review of the record in this matter, and the
briefs submitted by the parties, we find and conclude, by clear
and convincing evidence, that Respondent Charles H. Brower, in
Office of Disciplinary (ODC) Case No. 15-010-9229, violated Rules
1.2(a), 1.4(a)(2), 1.4(a)(3), and 1.4(b) of the Hawai#i Rules of
Professional Conduct (HRPC) (2014). We also find, however, that
the client did not ultimately suffer any injury as a result of
this misconduct.
We also find and conclude that, in ODC Case No. 15-041-
9260, Respondent Brower violated HRPC Rules 1.5(a), 3.4(e), and
8.4(c) (1994).
We find, in aggravation, Respondent Brower has
substantial experience in the practice of law and has received a
single, minor, prior discipline. We find, in mitigation, that he
was forthcoming and cooperative in the disciplinary proceedings
and has a good reputation in the legal community. Therefore,
IT IS HEREBY ORDERED that Respondent Brower is
privately reprimanded.
IT IS FURTHER ORDERED that Respondent Brower shall
submit proof of payment of $10,015.64 in restitution to his
client in ODC Case No. 15-041-9260, within 30 days of the entry
date of this order. Proof of full restitution may include an
affidavit from the former client, averring to that fact.
Respondent Brower is hereby notified that failure to timely
provide proof of restitution may result in further discipline.
IT IS FURTHER ORDERED that Respondent Brower shall bear
the costs of these disciplinary proceedings, upon the approval of
a timely submitted verified bill of costs by ODC, pursuant to
RSCH Rule 2.3(c).
DATED: Honolulu, Hawai#i, April 30, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson