SCAD-12-0000822

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

OFFICE OF DISCIPLINARY COUNSEL, Petitioner,

vs.

HARRY E. ELIASON, Respondent.

ORIGINAL PROCEEDING

(ODC 10-058-8892)

ORDER OF SUSPENSION

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of the Report and Recommendation of

the Disciplinary Board of the Supreme Court of the State of

Hawai#i, the Stipulation of Facts, Conclusions of Law and

Proposed Recommendation for Discipline reached by Respondent

Harry E. Eliason and the Office of Disciplinary Counsel (ODC),

and the record, it appears Respondent Harry E. Eliason failed to

communicate with his client in a timely manner, failed to

maintain a client trust account, failed to deposit unearned

client funds into a client trust account but, rather, commingled

unearned client funds with his personal funds, failed to maintain

financial records of the receipt and disbursement of client

funds, and failed to properly withdraw from representation or

Electronically Filed

Supreme Court

SCAD-12-0000822

23-JAN-2013

10:19 AM
provide a refund to his client in a timely manner, in violation

of Rules 1.4(a), 1.15(a)(1), 1.15(a)(2), 1.15(c), 1.15(d),

1.15(f)(3), and 1.16(d) of the Hawai#i Rules of Professional

Conduct. In aggravation, we find Respondent Eliason has a single

prior discipline, a 2003 informal admonition, committed multiple

violations in the present matter, and has substantial experience

in the practice of law. In mitigation we find Respondent Eliason

fully and freely cooperated with ODC and the Disciplinary Board

throughout the proceedings, agreed to participate in a Voluntary

Settlement Conference, and expressed remorse for his actions. 

Therefore, it appearing suspension is warranted, 

IT IS HEREBY ORDERED that Respondent Harry E. Eliason

is suspended for a period of 45 days from the practice of law in

this jurisdiction, effective 30 days after the date of entry of

this order, as authorized by Rules 2.3(a)(2) and 2.16(d) of the

Rules of the Supreme Court of the State of Hawai#i (RSCH).

IT IS FURTHER ORDERED that Respondent Eliason shall

complete, at his own expense, a course on the appropriate

management of client funds, including an audit of Respondent

Eliason’s general and client trust accounts, offered by the

Practicing Attorneys Liability Management Society, within 180

days after of the date of entry of this order, and shall submit

proof of completion to this court and to the Disciplinary Board

within 10 days of completion of said course.

IT IS FURTHER ORDERED that Respondent Eliason shall

submit an affidavit demonstrating compliance with RSCH Rule

2.16(d) within 10 days after the effective date of his

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suspension.

IT IS FURTHER ORDERED that Respondent Eliason shall pay

all costs of the proceedings, as approved upon a timely

submission of a bill of costs, as authorized by RSCH Rule 2.3(c).

IT IS FURTHER ORDERED that the Disciplinary Board shall

remind Respondent Eliason that he may not resume the practice of

law until reinstated by order of this court, pursuant to RSCH

Rule 2.17.

DATED: Honolulu, Hawai#i, January 23, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr. 

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

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