Electronically Filed
Supreme Court
SCAD-11-0000025
24-MAR-2011
02:35 PM
SCAD-11-0000025
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
LEE T. MIKI, Respondent.
ORIGINAL PROCEEDING
(ODC 06-106-8446, 07-146-8606)
ORDER OF SUSPENSION
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy and McKenna, JJ.)
Upon consideration of the Disciplinary Board’s Report
and Recommendation to suspend Respondent Lee T. Miki from the
practice of law for 2 years, the Board’s recommendation for
conditions of reinstatement, and Respondent Miki’s lack of
response thereto, it appears that in the representation of two
clients, Respondent Miki committed multiple violations of the
following Hawai'i Rules of Professional Conduct:
HRPC Rule 1.2(a) A lawyer shall abide by a client’s
decisions concerning the objectives
of representation, subject to
paragraphs(c), (d) and (e), and
shall consult with the client as to
the means by which the objectives
are to be pursued.
HRPC Rule 1.3 A lawyer shall act with reasonable
diligence and promptness in
representing a client.
HRPC Rule 1.4(a) A lawyer shall keep a client
reasonably informed about the
status of a matter and promptly
comply with reasonable requests for
information.
HRPC Rule 1.4(b)
A lawyer shall explain a matter to
the extent reasonably necessary to
permit the client to make informed
decisions regarding the
representation.
HRPC Rule 1.16(a)
Except as stated in paragraph (c),
a lawyer shall not represent a
client or, where representation has
commenced, shall withdraw from the
representation if:
(1) the representation will result
in the violation of the Rules
of Professional Conduct or
other law.
HRPC Rule 1.16(d)
Upon termination of representation,
a lawyer shall take steps to the
extent reasonably practicable to
protect a client’s interests, such
as giving reasonable notice to the
client, allowing time for
employment of other counsel,
surrendering papers and property to
which the client is entitled, and
refunding any advance payment that
has not been earned.
HRPC Rule 3.2
A lawyer shall make reasonable
efforts to expedite litigation
consistent with the legitimate
interests of the client.
HRPC Rule 3.4(e)
A lawyer shall not knowingly
disobey an obligation under the
rules of a tribunal except for an
open refusal based on an assertion
that no valid obligation exists.
HRPC Rule 8.4(a)
It is professional misconduct for a
lawyer to violate the rules of
professional conduct.
HRPC Rule 8.4(c)
It is professional misconduct for a
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lawyer to engage in conduct
involving dishonesty, fraud,
deceit, or misrepresentation.
It further appears the recommended discipline and
conditions are warranted under the stipulated facts, except that
the recommendation to require participation in the Attorneys and
Judges Assistance Program is not warranted pursuant to Rule 2.3
of the Rules of the Supreme Court of the State of Hawai'i.
Therefore,
IT IS HEREBY ORDERED that Respondent Miki is suspended
from the practice of law in this jurisdiction for 2 years,
effective 30 days after entry of this order as provided by Rule
2.16(c) of the Rules of the Supreme Court of the State of Hawai'i
(RSCH).
IT IS FURTHER ORDERED that before Respondent Miki may
apply for reinstatement, he must, in addition to all other
standards for reinstatement set out in RSCH Rule 2.17(b):
1. pay and provide proof of payment of restitution in
the amount of $1,481.20 to Arson Yoshikawa;
2. take and pass the Multi-State Professional
Responsibility Examination; and
3. reimburse the Office of Disciplinary Counsel and
the Disciplinary Board for any costs ordered in
these proceedings.
DATED: Honolulu, Hawai'i, March 24, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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