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How to Check a Criminal Defense Lawyer’s Disciplinary History in Hawaii
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- 1 How to Check a Criminal Defense Lawyer’s Disciplinary History in Hawaii
How to Check a Criminal Defense Lawyer’s Disciplinary History in Hawaii
Getting arrested can be scary. Even if you’re innocent, proving it can be an uphill battle. That’s why having the right criminal defense lawyer by your side is so important. You want someone who is ethical, experienced, and knows the ins and outs of Hawaii criminal law.
But how do you know if a lawyer has a clean record? Or if they’ve been disciplined in the past? Checking a Hawaii criminal defense lawyer’s disciplinary history isn’t too hard, but it does take some digging. Here’s what you need to know.
Why Check Disciplinary History?
Most lawyers are ethical and provide good representation. But some lawyers have been disciplined for things like:
- Overcharging clients
- Mishandling client money
- Neglecting cases
- Lying to clients or the court
Disciplinary actions can include probation, suspension, disbarment, or other sanctions. If a lawyer has been disciplined, it could be a red flag about their competency or trustworthiness.
Hawaii Supreme Court Disciplinary Board
In Hawaii, the Supreme Court oversees lawyer discipline through the Disciplinary Board. This is the best place to start checking a lawyer’s background.
The Disciplinary Board website lets you search public disciplinary records by attorney name. Results will list any formal charges, disciplinary sanctions, or pending cases against the lawyer. Most records date back to 1982.
To check records, go to the Disciplinary Board of the Hawaii Supreme Court website. Click on “Discipline” and then “Lookup Disciplinary Records.” Enter the lawyer’s name and hit search.
This search will turn up any disciplinary actions that resulted in public sanctions. But it won’t show old resolved complaints or confidential discipline.
What Else to Look For
The Disciplinary Board records are a good start. But they don’t give the full picture. Other background checks are important too.
Ask the Lawyer
Don’t be afraid to ask a lawyer directly if they’ve ever been disciplined. Most will be upfront if they have an official record of discipline. If they seem evasive, that’s a red flag.
Call the Hawaii State Bar Association
The HSBA can provide some additional details on a lawyer’s status and disciplinary history. Call their Ethics Hotline at (808) 792-0926.
The HSBA may have records of old resolved complaints not in the public database. They can also confirm if a lawyer is currently in good standing.
Review Court Documents
For recent cases, court documents may provide info on disciplinary issues. Search for the lawyer’s name in Hawaii court records like Hoʻohiki or Judiciary Electronic Filing System (JEFS) to find any relevant lawsuits or proceedings.
Google the Lawyer’s Name
It never hurts to simply Google the lawyer’s name and look for any news stories about disciplinary sanctions or malpractice issues. This could turn up important details.
Check with the Bar Association
The American Bar Association provides disciplinary profiles for lawyers across the country. Search the ABA Disciplinary Records to see if a lawyer has been disciplined in Hawaii or elsewhere.
Understand the Disciplinary Process
If you find disciplinary records, it’s important to understand what they mean.
In Hawaii, the disciplinary system has two main phases:
- Complaint and investigation – Misconduct complaints are investigated by the Office of Disciplinary Counsel (ODC). Many are dismissed or resolved confidentially.
- Formal charges and sanctions – Serious or repeated misconduct leads to formal charges and potential public sanctions by the Disciplinary Board.
Sanctions can range from reprimand and probation up to disbarment. But minor resolved complaints don’t necessarily indicate a bad lawyer.
Be sure to consider the nature of the discipline, when it occurred, and how the lawyer responded. Everyone makes mistakes, but ethics violations and chronic issues are reasons for concern.
When to Check Disciplinary Records
It’s smart to check disciplinary history as part of your lawyer vetting process. The best times to check are:
- Before hiring a new lawyer
- If you have doubts or concerns about your current lawyer’s ethics or competence
- If your case isn’t progressing as expected
- If you change lawyers in the middle of your case
Disciplinary records can give insight into a lawyer’s background. But they shouldn’t be the only factor in your decision. Consider experience, case results, and your comfort level too.
What If Your Lawyer Gets Disciplined?
Finding out your lawyer was disciplined can be upsetting. But in some cases, you may still be able to work with them.
If the discipline was minor or years ago, it may not impact their ability to represent you. But for serious or recent violations, you likely need a new lawyer.
Talk to your lawyer and voice your concerns. If you lose trust or think they can’t provide competent representation, ask them to withdraw from your case.
If your case is impacted by their discipline, you may be able to file a claim with the Client Security Fund. This reimburses clients for losses caused by lawyer misconduct.
Find the Right Attorney You Can Trust
Disciplinary records are one useful way to identify any red flags with a lawyer. But a clean history alone doesn’t guarantee they’re the best fit for your case.
Meet with lawyers in person and go with your gut feeling. Find someone who listens to your story, answers all your questions, and puts your interests first. With the right attorney in your corner, you can feel confident as your case moves forward.
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