NO. 25962
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
VALERIE A. VARGO, Respondent.
(ODC 00-032-6378)
ORDER OF SUSPENSION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of (1) the Disciplinary Board's July 14, 2003 report
and recommendation for the suspension of Respondent Valerie A. Vargo (Respondent
Vargo) from the practice of law for a period of three months pursuant to
Rule 2.7(d) of the Rules of the Supreme Court of Hawai`i (RSCH), and (2)
the record, we conclude that Respondent Vargo violated the following Hawai`i
Rules of Professional Conduct (HRPC) while she represented a client, Michael
Sequeira, in a civil litigation matter:
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HRPC Rule 1.1 (requiring a lawyer to provide competent representation to
a client);
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HRPC Rule 1.3 (requiring a lawyer to act with reasonable diligence and
promptness in representing a client);
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HRPC Rule 1.4(a) (requiring a lawyer to keep a client reasonably informed
about the status of a matter);
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HRPC Rule 1.4(b) (requiring a lawyer to explain a matter to the extent
reasonably necessary to permit the client to make informed decisions);
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HRPC Rule 1.15(f)(4) (requiring a lawyer to promptly deliver to the client
property that the client is entitled to receive);
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HRPC Rule 1.15(g)(3) (requiring a lawyer to maintain a copy of any retainer
or compensation agreement with a client for at least six years after completion
of the employment to which it relates);
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HRPC Rule 1.16(a)(1) (requiring a lawyer to withdraw from the representation
of a client if the representation will result in a violation of the rules
of professional conduct);
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HRPC Rule 1.16(d) (requiring a lawyer, upon termination of representation,
to take reasonably practicable steps to protect the client's interests,
such as surrendering papers and property to which the client is entitled);
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HRPC Rule 3.2 (requiring a lawyer to make reasonable efforts to expedite
litigation consistent with the legitimate interests of the client); and
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six violations of HRPC Rule 8.4(a) (providing that it is professional misconduct
for a lawyer to violate the rules of professional conduct).
Therefore, we adopt the Disciplinary Board's recommendation. Accordingly,
IT IS HEREBY ORDERED that Respondent Vargo is suspended from the practice
of law in this jurisdiction for a period of three (3) months, effective
thirty (30) days after entry of this order, as provided by RSCH Rule 2.16(c).
DATED: Honolulu, Hawai`i, August 14, 2003.