NO. 26781


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



OFFICE OF DISCIPLINARY COUNSEL, Petitioner


vs.


ROY M. YOSHINO, Respondent



(ODC 97-230-5424, ODC 98-079-5570,
ODC 99-099-5929, ODC 00-387-6733)



ORDER OF SUSPENSION
(By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and
Circuit Judge Pollack, in place of Duffy, J., Recused)

Upon consideration of (1) the Disciplinary Board's April 15, 2005 report and recommendation for the suspension of Respondent Roy M. Yoshino (Respondent Yoshino) from the practice of law for a period of one year, (2) Petitioner Office of Disciplinary Counsel's (Petitioner ODC) June 2, 2005 opening brief, (3) Respondent Yoshino's August 12, 2005 answering brief, (4) Petitioner ODC's September 21, 2005 reply brief, and (5) the record, we conclude that, in four disciplinary matters, Petitioner ODC proved by clear and convincing evidence that Respondent Yoshino violated several of the Hawai`i Rules of Professional Conduct (HRPC) while Yoshino was representing various clients. However, we reject the Disciplinary Board's recommendation that Respondent Yoshino receive a suspension for one year, and, instead, we suspend Respondent Yoshino from the practice of law for a period of one year and one day.

In ODC 97-230-5424, Respondent Yoshino settled a client's bodily injury claim and underinsured motorist claim when Yoshino did not have the client's authority to do so, and, thus, Respondent Yoshino violated

Respondent Yoshino used a client's revoked power of attorney to settle the client's bodily injury claim and underinsured motorist claim in violation of

Respondent Yoshino failed to comply with the client's request that Respondent Yoshino send a copy of the revoked power of attorney to the client, and, thus, Respondent Yoshino violated

Respondent Yoshino deposited the client's settlement checks into his general business account, and, thus, Respondent Yoshino commingled the client's funds with Respondent Yoshino's personal funds in violation of

In ODC 98-079-5570, Respondent Yoshino failed to provide written fee agreements for seventeen clients whom Respondent Yoshino represented on a contingent basis, and, thus, Respondent Yoshino violated

Respondent Yoshino failed to provide written settlement statements for at least three of the settling clients in violation of

Respondent Yoshino deposited the settlement checks for six of his settling clients into Respondent Yoshino's general business account, and, thus, Respondent Yoshino commingled the clients' funds with Respondent Yoshino's personal funds in violation of

In ODC 99-099-5929, Respondent Yoshino failed to notify two clients of Respondent Yoshino's withdrawal as their attorney, and Respondent Yoshino failed to send the clients their records in violation of

In ODC 00-387-6733, Respondent Yoshino deposited the settlement funds for seven settling clients into Respondent Yoshino's general business account, and, thus, Respondent Yoshino commingled the clients' funds with Respondent Yoshino's personal funds in violation of

Respondent Yoshino failed to provide written agreements for five clients whom Respondent Yoshino represented on a contingent fee basis, and, thus, Respondent Yoshino violated

Respondent Yoshino failed to provide written settlement statements for four of his settling clients in violation of

Respondent Yoshino failed to properly identify his general business account in violation of

Respondent Yoshino falsely certified on his annual attorney registration statements that he maintained his clients' funds, property, books and records in accordance with HRPC Rule 1.15 and Rule 11 of the Rules of the Supreme Court of the State of Hawai`i (RSCH), and, thus, Respondent Yoshino violated

Therefore,

IT IS HEREBY ORDERED that Respondent Roy M. Yoshino (attorney number 1419) is suspended from the practice of law in Hawai`i for a period of one (1) year and one (1) day, effective thirty (30) days after entry of this order, as RSCH Rule 2.16(c) provides. Respondent Yoshino shall comply with all requirements of RSCH Rule 2.16, and Respondent Yoshino shall not resume the practice law in the State of Hawai`i unless he successfully petitions for reinstatement pursuant to RSCH Rule 2.17(c).

IT IS FURTHER ORDERED that Respondent Roy M. Yoshino (attorney number 1419) shall successfully complete, at his own expense, the mandatory Hawai`i Professionalism course (that is conducted under the joint sponsorship of the Hawai`i State Bar and the Supreme Court of Hawai`i pursuant to RSCH Rule 1.14) before Respondent Yoshino petitions for reinstatement.

DATED: Honolulu, Hawai`i, November 29, 2005.