Below is a list of what this office can and cannot do when it considers a complaint against an attorney:
The ODC receives several hundred complaints each year. Each is considered carefully. Some take more time to investigate than others.
A finding that an attorney violated a particular ethics provision must be supported by “clear and convincing evidence.”
The ODC can impose minor discipline (an Private Informal Admonition) with the concurrence of a member of the Disciplinary Board; the Disciplinary Board can impose more serious discipline (Private Reprimand and Public Reprimand) upon a vote of its members; the Disciplinary Board may recommend public reprimand, public censure, suspension or disbarment to the Supreme Court, which has the sole authority to impose such discipline.
The HRPC and the Disciplinary Board Rules permit the dismissal of a complaint. The ODC has the discretion not to pursue an ethics grievance if it determines the imposition of discipline is unlikely.
The ODC cannot refer you to an attorney. If you do not have an attorney and wish to hire one, contact the Hawaii State Bar Association ((808) 537-1868).
If you are considering a legal action against an attorney, do not wait for the outcome of your ethics complaint. Statutes of limitations that may apply to a legal claim are not tolled by the filing of an ethics complaint.