Rule 2.16 - Disbarred or suspended attorneys(a) A disbarred or suspended attorney shall promptly notify by registered or certified mail, return receipt requested, all clients being represented in pending matters, other than litigation or administrative proceedings, of theattorney's disbarment or suspension and consequent inability to act as an attorney after the effective date of the disbarment or suspension and shall advise said clients to seek legal advice elsewhere. A disbarred or suspended attorney shall promptly notify, or cause to be notified, by registered or certified mail, return receipt requested, each of the attorney's clients who is involved in pending litigation or administrative proceedings, and the attorney or attorneys for each party and each self-represented party in the pending litigation or administrative proceeding of the attorney's disbarment or suspension and consequent inability to act as an attorney after the effective date of the disbarment or suspension. The notice to be given to the client shall advise the client of the desirability of the prompt substitution of an other attorney or attorneys in place of the withdrawing attorney. In the event the client does not obtain substitute counsel before the effective date of the disbarred or suspended attorney to move in the court or agency in which the proceeding is pending for leave to withdraw.
The notice to be given to the attorney or attorneys for any other party and to any other self-represented party shall state the place of residence or other address at which the client of the disbarred or suspended attorney can be contacted.
(c) Orders imposing suspension or disbarment shall be effective 30 days after entry. The disbarred or suspended attorney, after entry of the disbarment or suspension order, shall not accept any new retainer or engage as attorney for another in any new case or legal matter of any nature. However, during the period from the entry date of the order and its effective date the attorney may wind up and complete, on behalf of any client, all matters that were pending on the entry date. By the effective date of the disbarment or suspension order, the disbarred or suspended attorney shall surrender to all clients all papers and property to which the clients are entitled and any advance payments of fees that have not been earned.(d) Within 10 days after the effective date of the disbarment or suspension order, the disbarred or suspended attorney shall file with the supreme court an affidavit showing: (1) that the attorney has fully complied with these rules and with the portions of the order requiring completion before the effective date of the order; (2) all other state, federal and administrative jurisdictions to which the attorney is admitted to practice; and(3) that the attorney has served a copy of such affidavit upon Counsel. Such affidavit shall also set forth the residence or other address of the disbarred or suspended attorney where communications may thereafter be directed to the attorney.(e) The Board shall cause a notice of the suspension or disbarment to be published on the Board's or the Judiciary's public website or in a newspaper of general circulation in the judicial circuit in which the disciplined attorney practiced and shall further cause a notice of reinstatement under Rule 2.17 of these Rules to be similarly published.(f) The Board or the court shall promptly transmit by electronic means a copy of the certified order of suspension or disbarment to all judges of the State of Hawai'i, and the administrative judge of each judicial circuit shall make such further order as the administrative judge deems necessary to fully protect the rights of the clients of the suspended or disbarred attorney. (g) A disbarred or suspended attorney shall keep and maintain records of the various steps taken by the attorney under these rules so that, upon any subsequent proceeding instituted by or against the attorney, proof of compliance with these Rules and with the disbarment or suspension order will be available. Proof of compliance with these Rules shall be a condition precedent to any petition for reinstatement.(h) In the event the disbarred or suspended attorney should maintain a presence in an office where the practice of law is conducted, the disbarred or suspended attorney shall not have any contact with the clients of the office either in person, by telephone, or in writing, or have any contact with persons who have legal dealings with the office either in person, by telephone, or in writing.Renumbered September 1984; amended February 7, 1992, effective 2/7/1992; further amended June 8, 2001, effective 7/1/2001; further amended October 24, 2005, effective 1/1/2006; further amended November 23, 2007, effective 1/1/2008, corrected March 5, 2008; further amended August 30, 2010, effective 9/27/2010; further amended October 26, 2012, effective 1/1/2013; further amended May 23, 2017, effective 7/1/2017; further amended June 7, 2019, effective 7/1/2019; further amended November 11, 2019, effective 1/1/2020; further amended June 5, 2020, effective 7/1/2020; amended Jun 16, 2021, effective 7/1/2021.