NO.
26910
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE
OF DISCIPLINARY COUNSEL, Petitioner,
vs.
THOMAS
S. LEONG,, Respondent.
(ODC 03-115-7715)
ORDER OF DISBARMENT
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of (1) the Disciplinary Board's report and
recommendation for
the disbarment of Respondent Thomas S. Leong (Respondent Leong), (2)
Respondent
Leong's lack of objection as exhibited by the lack of a request by
Respondent
Leong to file briefs pursuant to Rule 2.7(d) of the Rules of the
Supreme Court of
Hawai`i (RSCH), and (3) the record, we conclude that Petitioner
Office of
Disciplinary Counsel (Petitioner ODC) proved by clear and convincing
evidence
that, while Respondent Leong represented Joni Sliwoski and Carl
Sliwoski,
Respondent Leong committed the following violations of the Hawaii Rules
of
Professional Conduct (HRPC):
- one violation of HRPC Rule 1.1 (requiring a lawyer to
provide competent
representation to a client)
- one violation of HRPC Rule 1.3 (requiring a lawyer to act
with reasonable
diligence);
- one violation of HRPC Rule 1.4(a) (requiring a lawyer to
keep a client
reasonably informed about the status of a matter and promptly comply
with
reasonable requests for information);
- two violations of HRPC Rule 1.15(a)(1) (requiring a lawyer
in private practice
to maintain a trust account separate from business or personal
accounts);
- one violation of HRPC Rule 1.15(b) (requiring a lawyer in
private practice to
prominently label each trust account, as well as deposit slips and
checks drawn
thereon, as "client trust account");
- two violations of HRPC Rule 1.15(c) (prohibiting a lawyer
from commingling
client funds with the lawyer's own funds);
- two violations of HRPC Rule 1.15(c) (prohibiting a lawyer
from misappropriating
client funds for the lawyer's own use and benefit);
- two violations of HRPC Rule 1.15(c) (requiring a lawyer to
deposit unearned or
disputed client funds into a client trust account);
- two violations of HRPC Rule 1.15(d) (requiring a lawyer to
deposit all client
funds and unearned retainer fees into a client trust account);
- one violation of HRPC Rule 3.2 (requiring a lawyer to make
reasonable efforts to
expedite litigation consistent with the legitimate interests of the
client);
- one violation of HRPC Rule 3.3 (a)(4) (prohibiting a lawyer
from knowingly
offering evidence that the lawyer knows to be false);
- one violation of HRPC Rule 3.4 (b) (prohibiting a lawyer
from falsifying
evidence);
- one violation of HRPC Rule 8.1(a) (prohibiting a lawyer in
connection with a
disciplinary matter from knowingly making a false statement of material
fact);
- six violations of HRPC Rule 8.4(a) (prohibiting a lawyer
from violating the
Hawaii Rules of Professional Conduct); and
- three violations of HRPC Rule 8.4(c) (prohibiting a lawyer
from engaging in
conduct involving dishonesty fraud, deceit, or misrepresentation).
We hereby accept
and adopt the hearing committee's findings of fact and
conclusions of law for ODC 03-115-7715. We hereby adopt the
Disciplinary Board's
recommendation to disbar Respondent Leong. Cf. Office of Disciplinary Counsel v.
Lau, 85 Hawai`i 212, 216, 941 P.2d 295, 299 (1997) ("[W]here
misconduct is severe
and extensive and includes misappropriation of clients' funds, it would
be
difficult, if not impossible, to establish sufficiently strong evidence
of
mitigation to warrant a penalty lesser than disbarment." (Citation
omitted)). Therefore,
IT IS HEREBY
ORDERED that Respondent Thomas S. Leong (attorney number 6002) is
disbarred from the practice of law in Hawai`i, effective thirty (30)
days after
entry of this order, as RSCH Rule 2.16(c) provides.
DATED: Honolulu,
Hawai`i, April 4, 2005.