NO.
27590
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE
OF DISCIPLINARY COUNSEL, Petitioner,
vs.
SHARON
V. MATUTINO, Respondent.
(ODC 02-019-7217, ODC 02-083-7281,
ODC 03-060-7660, ODC 03-061-7661, ODC 03-203-7803)
ORDER OF SUSPENSION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of (1) the Disciplinary Board of the Hawai`i Supreme
Court's
(Disciplinary Board) November 10, 2005 report and recommendation to
suspend
Respondent Sharon V. Matutino (Respondent Matutino) from the practice
of law for
two years, and (2) the record, we adopt Petitioner Office of
Disciplinary Counsel
(Petitioner ODC) and Respondent Matutino's October 12, 2005 stipulation
of
uncontested facts, conclusions of law, aggravating factors, and
proposed
discipline, with the exception, however, that we adopt only the
following four of
the six listed mitigating factors: (1) the absence of a prior
disciplinary record
for Respondent Matutino; (2) Respondent Matutino's personal or
emotional problems;
(3) Respondent Matutino's cooperative attitude in the disciplinary
proceedings;
and (4) Respondent Matutino's remorse for her misconduct. In sum,
Respondent
Matutino misappropriated and mishandled the funds of several clients,
failed to
diligently perform legal services in a timely manner for clients, and
ratified her
associate and/or employee, Peter Albrecht's, practice of law without a
license in
Hawai`i. Respondent Matutino's misconduct on multiple occasions
violated the
following Hawai`i Rules of Professional Conduct (HRPC):
1. HRPC Rule 1.1
(requiring that a lawyer shall provide competent representation to
a client);
2. HRPC Rule 1.3 (requiring that a lawyer shall act
with reasonable diligence and
promptness in representing a client);
3. HRPC Rule 1.15(a)(1) (requiring that every
lawyer in private practice in the
State of Hawaii who receives or handles client funds shall maintain a
client
trust account into which all funds entrusted to the lawyer's care shall
be
deposited);
4. HRPC Rule 1.15(b) (requiring that each
business account, as well as deposit
slips and checks drawn thereon, shall be prominently labeled "business
account,"
"office account," or appropriate business-type account);
5. HRPC Rule 1.15(c) (prohibiting a lawyer from
misappropriating a client's funds
to his or her own use and
benefit);
- HRPC Rule 1.15(c) (requiring that funds belonging in part to
a client and in
part presently or potentially to the lawyer must be deposited into the
client
trust account);
- HRPC Rule 1.15(d) (requiring that funds entrusted to a
lawyer shall be deposited
intact into a trust account);
- HRPC Rule 1.15(f)(4) (requiring that a lawyer promptly pay
or deliver to the
client, as requested by the client, the funds, securities, or other
properties
in the possession of the lawyer which the client is entitled to
receive);
- HRPC Rule 1.16(d)(requiring that, upon termination of
representation, a lawyer
shall take steps to the extent reasonably practicable to protect a
client's
interests, such as refunding any advance payment of a fee that has not
been
earned);
- HRPC Rule 3.2 (requiring that a lawyer shall make reasonable
efforts to expedite
litigation consistent with the legitimate interests of the client);
- HRPC Rule 5.3(c)(1) (providing that, with respect to a
nonlawyer employed or
retained by or associated with a lawyer, the lawyer shall be
responsible for
conduct of such a person that would be a violation of the rules of
professional
conduct if engaged in by a lawyer if the lawyer orders or, with the
knowledge of
the specific conduct, ratifies the conduct involved); and
- HRPC Rule 8.4(a) (providing that it is professional
misconduct for a lawyer to
violate the rules of professional conduct).
In light of Respondent Matutino's egregious ethics violations, as well
as the four
mitigating factors, we adopt the Disciplinary Board's report and
recommendation to
suspend Respondent Matutino from the practice of law for a period of
two years. Therefore,
IT IS HEREBY ORDERED that Respondent Sharon V. Matutino (attorney
number 4569) is
suspended from the practice of law in this jurisdiction for a period of
two (2)
years, effective thirty (30) days after entry of this order, as
provided by
RSCH Rule 2.16(c).
IT IS FURTHER ORDERED that, before Respondent Matutino may apply
for
reinstatement, she must, in addition to all other standards for
reinstatement in
RSCH Rule 2.17, (1) successfully complete, at her own
expense, the Practicing
Attorneys Liability Management Society's practice management/law office
audit
program, (2) pay restitution to Heather Titus in the amount of
$1,000.00 and pay
restitution to Gayle L. Waddingham in the amount of $400.00, (3) take
and pass, at
her own expense, the Multi-State Professional Responsibility
Examination, and
(4) reimburse the Disciplinary Board for the costs associated with
these
disciplinary proceedings.
DATED: Honolulu, Hawai`i, January 24, 2006
.