NO.
22535
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE
OF DISCIPLINARY COUNSEL, Petitioner,
vs.
WILLIAM
H. ELKNER, Respondent.
(ODC NOS. 98-075-5566, 98-225-5746,
99-030-5860,
99-038-5868, 99-075-5905, 99-138-5968)
ORDER OF DISBARMENT
(By: Moon, C.J. Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the Disciplinary Board's Report and
Recommendation for the
suspension of William H. Elkner, and the opening, answering, and reply
briefs,
testimony, and exhibits in the record, it appears that Respondent
Elkner provided
incompetent representation, failed to act with reasonable diligence and
promptness
in representing a client, mishandled an application fee, failed to
maintain
financial records, mislabeled bank records, failed to provide clients
with
accurate accountings, commingled and misappropriated the funds of three
of his
clients to his own use and benefit, delayed distributing settlement
proceeds, made
false certifications, failed to respond to lawful demands for
information, failed
to cooperate during the course of ethics investigations, and engaged in
conduct
involving dishonesty, fraud, deceit, or misrepresentation in multiple
violation of
Rules 1.1, 1.4(a), 1.15(a)(1), 1.15(b), 1.15(c), 1.15(d), 1.15(e),
1.15(f)(3),
1.15(f)(4), 1.15(g), 1.15(h), 1.16(d), 3.4(e), 8.1(b), 8.4(a), 8.4(c),
and 8.4(d)
of the Hawai'i Rules Of Professional Conduct ("RSCH"). In aggravation,
there was a
dishonest or selfish motive, a pattern of misconduct, a refusal to
acknowledge the
wrongful nature of conduct, multiple offenses, vulnerable clients, and
bad faith
obstruction of the disciplinary proceeding by intentionally failing to
comply with
rules or orders of the disciplinary agency. In mitigation, Respondent
Elkner has
no prior disciplinary record. Respondent Elkner's personal or emotional
problems
occurred primarily in 1997, and are outside the relevant period (1998
to 1999, and
continuing thereafter to the filing of the Petition in 2004) of his
professional
misconduct and provide no mitigation. In light of the commingling and
misappropriation of client funds and the lack of strong mitigating
factors, see,
e.g., Office of Disciplinary Counsel v.
Silva, 63 Haw. 585, 633 P.2d 538 (1981)
and Disciplinary Board v. Kim,
59 Haw. 449, 583 P.2d 333 (1978) (misappropriation
of client funds warrants disbarment absent strong mitigating
circumstances),
IT IS HEREBY
ORDERED that Respondent William H. Elkner is disbarred from the
practice of law in this jurisdiction, effective immediately.
IT IS FURTHER
ORDERED that, in addition to the requirements for reinstatement set
forth in RSCH 2.17 or other applicable rules, Respondent Elkner shall
not be
eligible for reinstatement unless he has (1) complied with any order
for payment
of costs entered upon a properly verified bill of costs submitted by
the Office of
Disciplinary Counsel, and (2) taken the RSCH 1.14 Mandatory
Professionalism Course
at his own expense.
IT IS FINALLY
ORDERED that all other relief requested is denied.
DATED: Honolulu,
Hawai'i, January 17, 2007.
Carole R. Richelieu,
Chief Disciplinary Counsel,
for petitioner
William H. Elkner,
respondent pro se