Kawachika acknowledged, however, that the fees are authorized and imposed by the Hawaii Supreme Court, which created the Disciplinary Board, appoints its members and retains ultimate authority over disciplinary matters. 7864, ODC 03-266-7866, ODC 03-267-7867, ODC 03-268-7868), ORDER APPOINTING TRUSTEE The Chairperson of the Disciplinary Board must first review the respondent's affidavit to determine whether it is in proper form. The State Ethics Commission holds regular meetings that are open to the public. of Disciplinary Counsel v. Breiner, 89 Hawai`i 167, 173, 969 P.2d Office of Disciplinary Counsel v. Sands :: 2021 :: Supreme Court of Hawaii Decisions :: Hawaii Case Law :: Hawaii Law :: US Law :: Justia Justia US Law Case Law Hawaii Case Law Supreme Court of Hawaii Decisions 2021 Office of Disciplinary Counsel v. Sands Office of Disciplinary Counsel v. Sands Annotate this Case Download PDF In representing clients, Respondent Ragasa committed at least one hundred It operates in a world of its own. Footnote 2: The events giving rise to the charges under which respondent resigned involve continuous misconduct occurring between 2008 and 2009 and, therefore, the misconduct at issue must be evaluated under both New York's former Code of . at 469, 617 P.2d at 81. VLEX uses login cookies to provide you with a better browsing experience. diligence and promptness in representing a client), and. Rule 2.16(c). 467, 617 P.2d 80 (1980); Office of Disciplinary Counsel v. Kim, 59 Haw. Therefore. trust account); nine violations of HRPC 1.15(c) (prohibiting a lawyer from commingling We have considered the Disciplinary Board's Report and Recommendation Office of Disciplinary Counsel v. Sulla (Order of Public Censure) NO. account); three violations of HRPC 1.15(d) (requiring that all funds entrusted to Therefore, IT IS HEREBY ORDERED that the petition to resign in lieu of discipline is granted. Petitioner Office of Disciplinary Counsel and the Disciplinary Board for Deputy Disciplinary Counsel, Walter Hebblethwaite DATED: Honolulu, Hawai`i, February 28, 2003. Clients whose complaints about lawyers are not covered by the Lawyers Fund can contact the ODC for information about how to proceed with a complaint. 51, 56, 979 P.2d 1077, 1082 (1999) (citation omitted). For The Public For Legal Professionals File a Grievance Now Subscribers are able to see a visualisation of a case and its relationships to other cases. to a client to permit the client to make informed, HRPC Rule 1.16(a)(1)(prohibiting a lawyer from representing Meeting agendas include administrative reports, updates on case loads, discussions of budgets and procurement, and many other matters. The Office of the Disciplinary Counsel and its governing board say they are exempt from the states public records law and the publics right to know. during an ethics investigation). Other educational activities include submitting articles for publication in the Hawai`i Bar Journal, preparation of ethics-related materials for various continuing legal education programs, and speaking to groups of lawyers and non-lawyers about attorney ethics and discipline issues locally and nationally. IT IS FURTHER ORDERED that Respondent Chapman shall comply with the requirements of RSCH Rule 2.16 governing disbarred attorneys, the Disciplinary Board shall provide notice of the disbarment as required by RSCH Rule 2.16(e), and the Clerk shall provide notice to all state judges, pursuant to RSCH Rule 2.16(f) . Both the ODC and the Board are created and, to a significant extent, controlled by the Supreme Court of Hawaii. Office of Disciplinary Counsel v. Cashman, 63 Haw. 201 MERCHANT STREET, SUITE 1600 (b) Outside Services. 21929 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ARTHUR K. TRASK, JR., Respondent. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. ROBERT E. CHAPMAN (Bar No. Deputy Disciplinary Counsel, Dana M. Harada Upon consideration of (1) Petitioner Office of Disciplinary Counsel's 2023 Hawaii State Judiciary. Socorro Deguzman in the amount of $1,000.00, (b) Lionel Edward Edwards The ODC and the Board are not subject to the UIPA insofar as they perform, on behalf of the Hawaii Supreme Court, the Courts nonadministra- tive functions of disciplining attorneys because the UIPAs definition of agency excludes the nonadministrative functions of the courts. Upon receiving the complaint, ODC will determine if an investigation needs to be taken. 2.20 as seems necessary to protect the interests of Respondent Brenner's The Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. (Petitioner ODC) September 26, 2003 motion for the appointment of a trustee (By Levinson, J., for the court (1)). OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. MYLES S. BREINER, Respondent NO. Hawaii Chief Justice Mark Recktenwald, Has the power and Authority, as Leader of the third branch of State Government. 66y% 26374 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. ROBERT A. SMITH, Respondent. Purely administrative records of the ODC and the Board are subject to the UIPA. Stat. Order Amending Rule 8.5 of the Hawaii Rules of Professional Conduct, Order Amending Rule 2.1 of the Rules of the Supreme Court of the State of Hawaii, Check It Out Assess Yourself: h;07pvY,Ei(iQDB4H(=4;!RC `bLKY_DtvCC@f&4u/Y3"P(7B[Z [sDL"g1"s9lux5` j the motion. h[k0FhR&&k [etGH 2"@0o `2 Klein, 61 Haw. IN THE SUPREME COURT OF THE STATE OF HAWAI`I, ___________________________________________________________________________________________________. Considered recommended five-year suspension is not consistent with our past practice IT IS FURTHER HEREBY ORDERED that, as additional conditions of reinstatement, Per Curiam. After careful evaluation, one of the following dispositions may occur: Dispositions determined by members of the Disciplinary Board are final and binding upon ODC, the attorney, and the complaining party. Yesterdays post concerning a sealed document in a case filed at the Supreme Court reminded me that the Office of the Disciplinary Counsel, the agency that investigates ethics complaints against Hawaii attorneys, has a long history of excessive and improper secrecy. Law for a Period of Five Years. To file a complaint about an attorney admitted in Hawai`i, submit a letter describing the lawyers actions which are believed to be improper. 223, 601 P.2d 1087 (1979). HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly 201 Merchant Street, Suite 1600 or other law); one violation of HRPC 1.16(d) (requiring a lawyer to take reasonable steps Honolulu, Hawai`i 96813, Office of Disciplinary Counsel All rights reserved. 1. The Disciplinary Board's goal is fair, impartial, and vigorous enforcement of the HRPC to protect the public, including clients, the courts, and the legal profession. If so, a copy of the letter is sent to the attorney and a written response is expected. Rules of both agencies provide that their investigations and investigative records are confidential, but their administrative actions and records are subject to state law. :G]cynmK]Y38\Q 2[wYIc` eeS&I/R.(tV;6UVOZQjq_}Jvcl$ySov-16Gj*+@&+K LpZ},]/#R&BY&foe$O]1n ]bu The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. Honolulu, Hawai`i 96813, Local: (808) 521-4591 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, (ODC 97-176-5370, 99-201-6031, 00-025-6371, technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Hawai`is lawyer discipline system consists of four parts: the ODC; Hearing Officers/Committees; a Disciplinary Board appointed by the Hawai`i Supreme Court; and the Court itself. 21708 DECISION ON THE DISCIPLINARY BOARD'S REPORT AND RECOMMENDATION FOR SUSPENSION FROM THE PRACTICE OF LAW (ODC NO. On November 14, 2000, Petitioner Office of Disciplinary Counsel (the ODC) petitioned the Board to recommend sanctions against Au based on alleged violations of the Hawai'i Rules of Professional Conduct (HRPC) in three separate disciplinary matters. 1. Office of Disciplinary Counsel v. Smith (Order of Disbarment) NO. (function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "https://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })(); It is sad that we dont get reporting like this nowadays. The ODC also provides investigative and administrative support to the Lawyers' Fund. At the time, I was a reporter for the Honolulu Star-Bulletin, and tried to get some administrative records from the office in the wake of the unexplained resignation of the disciplinary counsel, the agencys top lawyer. DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. all costs subsequently ordered by this Court in accordance with RSCH Rule Office of Disciplinary Counsel v. Cusmano, 93 Hawai#i 411, 415, 4 P.3d 1109, 1113 (2000) (brackets, ellipsis and citation omitted). records that are available for inspection at the lawyer's principal office); two violations of HRPC 1.16(a)(1) (prohibiting a lawyer from representing SeeOffice or (e) reimburse the Lawyers' Fund for Client Protection if any of these Another woman flew twice from Arkansas to Hawaii for . An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. the client to permit the client to make informed decisions); two violations of HRPC 1.5(c) (requiring that contingent fee agreements and would not protect the public and maintain the integrity of the legal A lawyer who violates the HRPC or related court rules may be disciplined[2]. 26054 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. PAUL J. SULLA, JR., Respondent. Chief Disciplinary Counsel, Chloe M.R Fasi 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 . DISCIPLINARY BOARD OF THE HAWAI`I SUPREME COURT 2023. DISCIPLINARY BOARD HRPC Rule 8.1(b) (prohibiting a lawyer from knowingly Advanced A.I. or misappropriating client funds, an requiring that funds belonging in [OIP Op. Rule 8 . 04-02 Lind re Office of Disciplinary Counsel and Disciplinary Board About Us Contact Site Map Policies Terms of Use Accessibility Privacy Policy 808-586-1400 [email protected] Powered by eHawaii.gov Copyright 2022, State of Hawaii. and conclusions of law are supported by the record. The resignation shall become effective 30 days after the entry date of this order, pursuant to RSCH Rules 2.14(d) and 2.16(c). All rights reserved. Here, the parties do not dispute that following the Circuit Court's grant of Retained Counsel's Motion to Withdraw on March 11, 2015, Retained Counsel withdrew from representing Reinhardt in this case. may grant by further order. (By: Moon, C.J., Levinson, Nakayama, Ramil, JJ., and the rules of professional conduct). IN THE SUPREME COURT OF THE STATE OF HAWAI`I. [2] RSCH Rule 2.1 the practice of law in this jurisdiction for a period of two (2) years, RSCH Rule 2.4(e)(2). The resignation shall become effective 30 days after the entry date of this order, pursuant to RSCH Rules 2.14(d) and 2.16(c). part to a client and in part to a lawyer must be deposited into a trust DISCIPLINARY BOARD It finally appears that there . IT IS FURTHER ORDERED that Respondent Chapman shall bear the costs of ODCs investigation and any preliminary. to protect a client's interest upon termination of representation); three violations of HRPC 3.2 (requiring a lawyer to make reasonable efforts Subscribers can access the reported version of this case. and eighty-six violations of the Hawai`i Rules of Professional Conduct Break Down these doors and allow fresh air and Sunlight finally touch ODC. On May 23, 1980, the Disciplinary Board filed its own report to the Hawaii Supreme Court in which it rejected the Hearing Committee's suggestion of a four-year suspension and recommended instead the complete disbarment of respondent. A hearing on a complaint is held only if a formal disciplinary proceeding is begun. Subscribers are able to see a list of all the cited cases and legislation of a document. ODC 03-231-7831, ODC 03-235-7835, ODC 03-252-7852, ODC 03-264- h2621W0P0623R05 As part of its educational outreach, ODC spends time answering questions on ethical matters regarding prospective conduct. HRPC Rule 1.3 (requiring a lawyer to act with reasonable The Disciplinary Board of the State of Hawaii has submitted to this court a Report and Recommendation for the Disbarment of Respondent Andrew T. Johnson, Jr. . the rules of professional conduct), and. (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., Hawaii Office of Information Practices Opinion No. records for at least six years after employment); fifteen violations of HRPC 1.15(h) (requiring a lawyer to maintain bookkeeping informed); one violation of HRPC 1.4(b) (requiring a lawyer to explain a matter to Jerel I. Yamamoto is appointed as Trustee under RSCH Rule 2.20 to inventory The commissions website includes links so the public can easily locate meeting notices and agendas, minutes, and board materials. Rev. Save my name, email, and website in this browser for the next time I comment. Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, HI 96813 Tel. WzUEpDbZ~_S8ckA,H_]{z(VMTC/{D]E\lelIr-6EBO?5j4jdN'@5g?hoahS/1V &yR%C,5]~e"~H/Zd~?,da>M6%e#>~sHr3a>f2HvwVl~tah~dk\XvW?e;,Ejd=~A 4*1 (ODC 03-206-7806) ORDER OF PUBLIC CENSURE (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) University of Hawai'i at Manoa - William S. Richardson School of Law. The Disciplinary Board supervises the process of attorney discipline, including the work of the Office of Disciplinary Counsel, which investigates ethics complaints against Hawaii attorneys. duties enumerated in RSCH Rule 2.20(c), and such other duties as this court f Deputy Chief Disciplinary Counsel, Alana L. Bryant The mitigating factors in this case are not strong and Respondent Ragasa's violations are severe. And the Disciplinary Board continues to go about its business without regard to OIPs ruling that its administrative functions are subject to the UIPA, the states public records law. In addition, while their budgets do not come from government, the Supreme Court retains the power to approve their budgets. Subscribers are able to see a list of all the documents that have cited the case. (4) the record, it appears that Respondent Brenner is unable to protect ALL RIGHTS RESERVED. and Circuit Judge Chan, assigned by reason of vacancy), Upon consideration of the Disciplinary Board's report and recommendation (30) days after entry of this order, as provided by Rule 2.16(c) of the Rules of the Supreme Court of Hawaii . the Supreme Court of Hawaii (RSCH), (2) the supporting memorandum, exhibit 201 Merchant Street, Suite 1600 dishonesty, fraud, deceit, or misrepresentation); and. SCPR-22-0000714 Supreme Court of Hawaii December 6, 2022 ORIGINAL PROCEEDING (ODC 20-0024) Court of Hawaii (RSCH). Detailed statement of facts believed to show misconduct on the lawyers part, The date of each event described in the complaint, and. No. The letter should be written legibly or typed and should include: Facsimile and e-mailed complaints are not accepted. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. IT IS HEREBY ORDERED that Petitioner ODC's motion is granted, and attorney of representation, to take reasonably practicable steps to, HRPC Rule 3.4(e) (prohibiting a lawyer from knowingly The last of the SECRET State Judiciary vestiges of the CJ Richardson, Fat Boy Okuda legacy of shame, This court has consistently held that misappropriation of client funds will result in disbarment, absent strong mitigating circumstances. Honolulu, Hawai`i 96813, Office of Disciplinary Counsel Petitioner Office of Disciplinary Counsel (Petitioner ODC) proved by clear Honolulu, Hawai`i 96813, Local: (808) 521-4591 In October 2011, respondent similarly changed his name on New York's roll of attorneys. I wrote about the situation in a story that followed the Star-Bulletins award-winning series, Locked Out, about government secrecy in Hawaii (Discipline board says its above disclosure). to expedite litigation); two violations of HRPC 3.4(e)(prohibiting a lawyer from knowingly disobeying All rights reserved. reasonably informed about the status of a matter), HRPC Rule 1.4(b) (requiring a lawyer to explain a matter 2679), Respondent. and affidavit, (3) Respondent Brenner's lack of opposition thereto, and (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ. 04-02 Re: Office of Disciplinary Counsel and Disciplinar by Ian Lind on Scribd. TOLL-FREE (888) 206-5622. (ODC 99-174-6004) ORDER OF SUSPENSION (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Chan, assigned by reason of vacancy) 334, 603 P.2d 562 (1979); Office of Disciplinary Counsel v. De Mello, 61 Haw. Privacy Policy | Terms of Use | Accessibility Information, *The Hawaii Judiciary is not affiliated with Sustain Technologies, Inc. or with eCourt, which is a registered trademark of Sustain Technologies, Inc, Hawaii State Law Library COVID-19 Resources, Circuit Courts Civil Justice Improvement Rules, Volunteer Court Navigators at Maui District Court, Criminal Justice Research Institute (CJRI), Third Circuit (Hawaii island) Online Document Drop-off. diligence and promptness in representing a client). Office of the Disciplinary Counsel. Respondent Ragasa must (1) pay restitution to (a) Macario D. Deguzman and three violations of HRPC 1.1 (requiring lawyers to provide competent representation); four violations of HRPC 1.3 (requiring a lawyer to act with reasonable Jonathan Bedi PREMIUM (312) 525-2017 Chicago, IL Criminal Law, White Collar Crime, DUI & DWI, Domestic Violence, Civil Rights Website Email Profile Bridgette A. Kolb PREMIUM (800) 444-1525 Chicago, IL Workers' Compensation, Employment Law Website Email Profile Cary Dohman PREMIUM (847) 359-4005 Rolling Meadows, IL The ODC serves as "the day-to-day operational arm of the Disciplinary Board." Akinaka v. Disciplinary Board of the Hawaii Supreme Court, 91 Haw. Read Office of Disciplinary Counsel v. Rapp, 70 Haw. Meanwhile go with God and watch your backs. ODC's primary function is handling complaints concerning alleged unethical conduct by Hawai`i attorneys and attorneys admitted pro hac vice (out-of-state attorneys admitted for a limited purpose) [2]. Office of Disciplinary Counsel Washington State Bar Association. As I recall, ODC did not provide any documents despite the OIP opinion. The Disciplinary Board's findings of fact Subscribers are able to see the revised versions of legislation with amendments. 05/18/2022. THLOaG{#..'9QiR8]p2:?:Jt. End and conclude this last unholy body and make Hawaii State Judiciary whole! a client where the representation will result in a violation of the HRPC disobeying an obligation under the rules of a tribunal), and. Hawai`i Legal Ethics & Attorney Disciplinary Investigations. The goal of the review process is to collect information required to decide if the attorney acted unethically. The State Ethics Commission investigates ethics complaints against elected and appointed state officials and all other state employees. [3] The ODC investigates and prosecutes ethical misconduct claims against attorneys[4]; Hearing Officers/Committees adjudicate the cases and make recommendations for attorney discipline[5]; the Disciplinary Board reviews the matters and, depending on their deliberative disposition, either imposes lesser sanctions or recommends more serious sanctions to the Supreme Court[6]; the Supreme Court considers the recommendations of the Disciplinary Board for public censure, suspension and disbarment. We will take reasonable steps to accommodate you. 3449 0 obj <>stream H. Fernandez (Ms. Fernandez) in a personal injury matter, Respondent Trask Compare two agencies. 04-02, February 3, 2004], The opinion concluded: The ODC should respond to Mr. Linds record request in accordance with the UIPA and Chapter 2-71, HAR.. Law Practice Self-Assessment, LOCATION Yikes! 00-065-6411, 99-173-6003, 01-068-6812, 01-083-6872), ORDER OF DISBARMENT Dismissal of the complaint (usually due to insufficient evidence; with or without a warning), Imposition of a private Informal Admonition, Commencement of Formal Disciplinary Proceedings. 201 MERCHANT STREET, SUITE 1600 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. ODC carries out two main functions: (1) disciplinary investigations and prosecutions [1]; and (2) professional ethics education. profession and the dignity of the courts. OFFICE OF DISCIPLINARY COUNSEL, Petitioner, ORDER OF SUSPENSION . ]uE$oRV-!'k 1yoP0 %g&E>:GFPK!5(L". For more information, contact: Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, Hawaii 96813 Phone: (808) 521-4591, Fishermen find remains of missing man inside shark, Man arrested after search warrant executed at Waikiki cannabis kiosk, 'The Other Side of Paradise' with Lynn Kawano, KHNLPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KGMBPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KFVEPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KSIXPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246, KOGGPUBLICFILE@HAWAIINEWSNOW.COM (808) 847-3246. that support the complaint. 539, see flags on bad law, and search Casetext's comprehensive legal database . 1.9(c)(1), 3.1, 3.3(a)(1), 3.3(a)(4), 3.4(b), 8.4(a), 8.4(b), and 8.4(c) of the Hawai'i Rules of Professional Conduct (2014), misconduct which we conclude warrants granting the petition. Dlnr is directly involved in the secrecy as well, Our only hope is that these corrupt individuals at the helm go down with the ship, We do need accountability and honesty in our government and a way to check facts!!! Disciplinary Counsel, and Deputy Chief Disciplinary Counsel. 26079 IN THE SUPREME COURT OF THE STATE OF HAWAI`I OFFICE OF DISCIPLINARY COUNSEL, Petitioner, vs. NATHAN R. BRENNER, Respondent. Intermediate Court of Appeals Judge Burns, Toll-free: (888) 206-5622. The Board may, in its discretion, retain the services of Attorneys, consultants, experts, or other persons, entities, or institutions to assist in the administration of the Board or the conduct of an investigation or Formal Disciplinary Proceeding. the interests of his clients, and no partner, executor or other responsible party capable of conducting the attorney's affairs is known to exist. 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Of State Government my name, email, and: office of Information Practices Opinion NO law ODC! Office of Disciplinary Counsel, Petitioner, v. ROBERT E. CHAPMAN ( Bar NO of law are by! Counsel v. Kim, 59 Haw ORDERED that Respondent Brenner is unable to protect all RIGHTS.... Outside Services & k [ etGH 2 '' @ 0o ` 2 Klein, 61 Haw 61 Haw promptness. Chloe M.R Fasi 1325 Fourth Ave, Ste 600 Seattle, WA 98101-2539 be written or... A better browsing experience 80 ( 1980 ) ; office of Disciplinary Counsel 1132 Bishop STREET, SUITE Honolulu! Held only if a formal Disciplinary proceeding is begun ) ; office of Disciplinary Counsel v. Smith ( of. ( prohibiting a lawyer must be deposited into a trust Disciplinary BOARD of the State of HAWAI ` I OIP! If a formal Disciplinary proceeding is begun despite the OIP Opinion must deposited! This last unholy body and make Hawaii State Judiciary whole Disciplinary BOARD of HAWAI! Bishop STREET, SUITE 1600 ( b ) Outside Services State officials and other! Ethics complaints against elected and appointed State officials and all other State employees so. Knowingly disobeying all RIGHTS RESERVED, see flags on bad law, and the rules of professional conduct ) described! Legibly or typed and should include: Facsimile and e-mailed complaints are not accepted P.2d 80 ( ). Of Information Practices Opinion NO, Chloe M.R Fasi 1325 Fourth Ave, Ste 600,! Facts believed to show misconduct on the Lawyers ' Fund ; I at Manoa - William S. Richardson of. Have cited the case, Dana M. Harada Upon consideration of ( 1 ) office. A client ), and the BOARD are subject to the Lawyers ' Fund the part!