NO. 10688



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




OFFICE OF DISCIPLINARY COUNSEL, Petitioner,

vs.

ROBERT S. RODRIGUES, Respondent.




ORIGINAL PROCEEDING
(ODC 05-114-8266, 05-175-8327, 05-177-8329)





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 Robert S. Rodrigues, the opening, answering, and reply briefs, the exhibits thereto, and the record, it appears Respondent Rodrigues violated Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 3.2, 8.1(b), 8.4(a), and 8.4(d) of the Hawai'i Rules of Professional Conduct when he neglected his clients and failed to cooperate with the Office of Disciplinary Counsel's investigation of his misconduct. It further appears that Respondent Rodrigues received a private informal admonition in 1980 and was suspended from the practice of law for five years for neglect and abandonment of five clients on December 2, 1985, and was reinstated on August 22, 1994. It finally appears that in light of Respondent Rodrigues' prior discipline and pattern of misconduct, disbarment rather than a five-year suspension is warranted in this case. Therefore,

IT IS HEREBY ORDERED that Robert S. Rodrigues is disbarred, effective thirty (30) days after entry of this order, as provided by RSCH 2.16(c).

IT IS FURTHER ORDERED that in addition to any other requirements for reinstatement imposed by our Rules, Respondent Rodrigues shall pay all costs of these proceedings as approved upon timely submission of a bill of costs. Payment of costs is a condition of reinstatement.

IT IS FINALLY ORDERED that Respondent Rodrigues shall, within ten (10) days after the date of this order, file with this court an affidavit in full compliance with RSCH 2.16(d).

DATED: Honolulu, Hawai'i, August 12, 2008.