Hawaii Bar Journal Articles

Hawai`i Bar journal articles



Listed below are past Hawai`i Bar Journal articles written by the Chief Disciplinary Counsel on a wide range of topics.  These articles are not formal written opinions, but they do provide guidance on issues that attorneys frequently violate:

·         Duties to avoid unwarranted delay, distress and inconvenience toward non-clients (August 1994)

·         Confidentiality and the Prospective Client (November 1996)

·         Screening Guidelines for Government Employees Coming From a Private Firm (December 1996)

·         Contacting Employees of an Opposing Party (May 1997)

·         Gifts to Judges and Court Employees (December 1997)

·         Disposition of Deceased Sole Practitioner’s Client Files and Funds (December 1997)

·         Disposition of Closed Client Files (April 1998)

·         Returning Client Files After Termination (September 1998)

·         Lawyer as Witness (December 1998)

·         Client Trust Account: Overdraft or Check Drawn on a Trust Account that is Declined for Non-sufficient Funds (September 1999)

·         Agreements to Conceal Professional Misconduct or Thwart a Disciplinary Investigation are Unethical (December 2000)

·         Government Attorney Conflicts and Screening Guidelines (March 2001)

·         Lawyer Reviewing Legal Documents Prepared by a Non-party Not Licensed to Practice Law in Hawaii (Document Preparation Company) (October 2002)

·         Lawyer Serving as a Fiduciary for an Estate of Trust (November 2002)

·         Client Trust Accounts: Handling and Delegation (March 2003)

·         Retiring from the Practice of Law (November 2003)

·         Inactive Status (or administratively suspended for failure to pay mandated bar dues and fees) Attorneys Cannot Practice Law (April 2004)

·         Impartiality and Decorum Applies to the Courts and the Disciplinary Board (August 2004)

·         Client Trust Account: Labeling (January 2005)

·         Employing/Contracting Suspended and Disbarred Attorneys (September 2005)

·         Missing Clients (April 2006)

·         Client Trust Account: IOLTA Compliance and Certification and Notice Form for Financial Institutions (September 2006)

·         Failure to Communicate, Lack of Diligence, and Failure to Expedite Litigation (January 2007)

·         Client Trust Account: General Information (April 2007)

·         Client Trust Account: Books and Records (September 2007)

·         Law Firm Names (March 2008)

·         Client Trust Account: Bounced Checks (October 2008)

·         Distressed Property Consultants Ethics Alert (November 2009)

·         What to Do When You Receive a Letter from the ODC (March 2010)

·         Limiting Liability to the Client - The Ethical Concerns (April 2010)

·         Interview of Janet Hunt, Chief Disciplinary Counsel (July 2010)

·         The New Hawai`i Rules of Professional Conduct: What you absolutely need to know and why - Part I (March 2014)

·         Trust Account Basics Under the New Rules (May 2014)

·         Formal Opinions versus Informal Opinions (October 2014)