A SUMMARY OF SOME THINGS YOU SHOULD KNOW
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.