NO. 26517
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
vs.
RONALD G. S. AU, Respondent.
(ODC 95-242-4701, ODC 97-213-5407, ODC 98-064-5555)
ORDER OF SUSPENSION
(By: Moon, C.J., Levinson, and Nakayama, JJ., Circuit Judge
Virginia Lea Crandall in place of Acoba, J., recused, and
Circuit Judge Frances Q.F. Wong in place of Duffy, J., recused)
Upon consideration of (1) the Disciplinary Board of the Hawai`i Supreme Court's
April 20, 2004 report and recommendation for the suspension of Respondent Ronald
G. S. Au (Respondent Au) from the practice of law for a period of two years,
(2) the hearing committee's November 26, 2003 findings of fact, conclusions of
law, and recommendation for the public censure and disbarment of Respondent Au,
(3) Petitioner Office of Disciplinary Counsel's (Petitioner ODC) briefs, (4)
Respondent Au's briefs, and (5) the record, we conclude that Petitioner ODC has
proved by clear and convincing evidence that Respondent Au violated the following
Hawai`i Rules of Professional Conduct (HRPC):
- HRPC Rule 1.1 (requiring a lawyer to provide competent representation);
- HRPC Rule 1.5(c) (requiring that a contingent fee agreement must be in writing
and must state the method by which the fee is to be determined);
- HRPC Rule 1.15(a) (1) (requiring a lawyer to maintain a client trust account
into which the lawyer must deposit all funds that are entrusted to the lawyer's
care);
- HRPC Rule 1.15(c) (prohibiting a lawyer from commingling client funds with the
lawyer's own funds or misappropriating such funds for the lawyer's own use or
benefit);
- HRPC Rule 1.15(c) (requiring a lawyer to deposit into a client trust account any
funds that belong in part to a client and in part presently or potentially to
the lawyer);
- HRPC Rule 1.15(c) (requiring a lawyer to deposit into a client trust account any
funds that belong in part to a client and in part presently or potentially to
the lawyer, but additionally requiring the lawyer to withdraw any portion
belonging to the lawyer when due);
- HRPC Rule 1.15(d) (requiring a lawyer to deposit intact into a client trust
account all funds entrusted to the lawyer except for non-refundable retainers
earned upon receipt); (1)
- HRPC Rule 1.15(e) (requiring that, when a lawyer withdraws earned fees from a
client trust account, the lawyer must distribute the earned fees by check to the
named lawyer);
- HRPC Rule 3.3(a) (1) (prohibiting a lawyer from knowingly making a false
statement of material fact or law to a tribunal);
- HRPC Rule 7.2(c) (prohibiting a lawyer from giving anything of value to a person
for recommending the lawyer's services);
- HRPC Rule 8.4(a) (prohibiting a lawyer from violating or attempting to violate
the HRPC); and
- HRPC Rule 8.4(c) (prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).
Therefore,
IT IS HEREBY ORDERED that Respondent Ronald G. S. Au (attorney number 599) is
suspended from the practice of law in this jurisdiction for a period of five (5)
years, effective thirty (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.
DATED: Honolulu, Hawai`i, June 7, 2005.
Alvin T. Ito,
special assistant
disciplinary counsel,
for petitioner
Ronald G.S. Au,
respondent, pro se
1. Effective January 1, 2002, we amended Rule 1.15(d) of the Hawai`i Rules of
Professional Conduct (HRPC) by, among other things, deleting the reference to
"non-refundable retainers" and providing that "all fee retainers are refundable
until earned." HRPC Rule 1.15(d) (as amended on October 9, 2001, effective
January 1, 2002).