General Summary
The Chief Disciplinary Counsel (“CDC”) supervises the daily operations of the Office of Disciplinary Counsel (“ODC”), which investigates ethics complaints and prosecutes violations of the lawyers’ ethics code, issues informal ethics opinions to bar members, and makes presentations to lawyers and non-lawyers concerning lawyer ethics and discipline issues. The CDC also works with the Disciplinary Board (“DB”) on administrative matters and serves as a liaison to the Hawaii State Bar Association (“HSBA”), the courts, Lawyers’ Fund for Client Protection, and other local and national entities concerning lawyer ethics issues.
The CDC also functions as the Fund Administrator for the Lawyers’ Fund for Client Protection of Hawaii Supreme Court (“Fund”). The Fund determines claims for reimbursement submitted by clients based on alleged dishonest conduct by Hawaii attorneys. The Fund Administrator oversees the investigation of all Fund claims, handles reimbursement disbursements to claimants, initiates subrogation claims against attorneys, and works with the Lawyers’ Fund Trustees on administrative matters.
The working relationship between ODC and the Fund is governed by a written agreement which is reviewed annually by the DB and the Fund.
Specific Duties of the CDC
Daily Administrative Supervision of ODC Staff and Board Related Responsibilities.
- Recommend hiring of all ODC staff with DB approval.
- Supervise all ODC staff.
- Monitor work performance of all ODC staff and conduct annual written personnel evaluations for each ODC staff member.
- Develop internal policies and procedures to implement the mission of the ODC.
- Evaluate equipment needs and purchase equipment and other supplies, with Executive Committee and/or DB approval as to capital expenditures.
- Monitor DB revenues and expenditures in light of annual budgetary requirements.
- Assist the DB upon request with drafting of formal ethics opinions.
- Prepare the annual DB Budget, as well as budget messages to HSBA and the Supreme Court.
- Prepare DB meeting agendas.
- Attend the DB Executive Committee meetings.
- Implement procedures and assist the DB with training and evaluation of Hearing Officers.
Oversight of the following Disciplinary Investigations and Prosecutions that may be delegated to other Qualified staff:
- Screen all new grievances and assign them to ODC staff for processing.
- Periodically review and evaluate the work product of ODC staff concerning investigations, prosecutions, and opinion requests.
- Review all investigative reports recommending disciplinary action.
- Review all significant pleadings drafted by ODC staff for filing in formal disciplinary proceedings.
- Review all written ethics opinions drafted by ODC staff.
- Mentor ODC staff.
- Monitor overall ODC case flow and prioritize workload.
Oversight of the following activities related to Opinion Requests that may be delegated to other Qualified staff:
- Set up and maintain system to efficiently and effectively handle all new ethics opinion requests received.
- Set up and maintain system to track opinion requests received and responses given.
Oversight of the following Educational Activities that may be delegated to other Qualified staff:
- Prepare monthly Hawaii Bar Journal articles on ethics issues.
- Make presentations to law firms and other related organizations, CLE seminars, and public groups regarding ethics issues.
- Prepare and disseminate materials relating to the discipline system.
Oversight of the following Administrative Duties that may be delegated to other Qualified staff:
- Maintain statistics and submit reports to the DB regarding case processing and opinion issuance.
- Draft proposed procedural and substantive rule changes.
- Prepare an annual report on the grievance system.
- Update informational materials pertaining to the DB, including the brochure.
- Update the Manual of Law and Procedure for Hawaii Attorney Discipline Proceedings.
- Other activities that would enhance the standing of ODC.
Oversight of the following Fund Administrator Responsibilities that may be delegated to other Qualified staff:
- Screen all new Lawyers’ Fund claims.
- Investigate all claims and work with ODC Investigators and Paralegals as necessary to secure completion of each claim investigation.
- Prepare reports to Fund Trustees recommending claim dispositions.
- Maintain statistics and submit report to Lawyers’ Fund Trustees regarding claim processing activity.
- Prepare agenda and minutes for each Lawyers’ Fund Trustees’ meeting.
- Prepare Lawyers’ Fund annual report.
- Update Lawyers’ Fund informational brochure.
- Respond to statistical survey from, for example, ABA and other states.
Qualifications and Competencies.
- Active license to practice law in the State of Hawaii and in good standing.
- Minimum five years of law practice experience, including three years litigation experience and some trial and appellate work.
- Ability to coordinate and implement technological enhancements of the ODC.
- Excellent verbal and writing skills.
- Management and administrative experience.
- Ability to effectively communicate with a wide variety of professional and public audiences.
- Attends DB and other meetings fully prepared with information that allows the DB and other decision-makers to evaluate risks and benefits of alternate courses of action that are proposed or contemplated.
- Implements decisions of the DB in a timely fashion. When needed, communicates updates to the DB.
- Represents the ODC with professionalism.
- Is skilled in understanding complex social situations, effectively communicating in these circumstances, while engendering confidence to those in attendance.
- Capable of providing a clear vision for the ODC and the disciplinary system, and engaging in long-range planning in order to meet the directives of the DB.
- Able to meet the needs of the ODC given the available budgetary and human resources.
