Rule 25 - PRIVATE INFORMAL ADMONITION(a)Significance. A Private Informal Admonition signifies that: (i) misconduct has been found but is not of sufficient gravity to warrant a Formal Disciplinary Proceeding; or(ii) the gravity of the misconduct is substantially offset by a clear and convincing showing of circumstances in mitigation.(b)When and How Imposed. A Private Informal Admonition may be imposed by Counsel at the Conclusion of an Investigation based on the facts of the case upon the approval of a Reviewing Board Member or by the Board as a result of a Formal Disciplinary Proceeding. (i)By Counsel. If a recommendation for Private Informal Admonition is approved or otherwise ordered by a Reviewing Board Member, Counsel shall prepare and serve the Private Informal Admonition upon the Respondent. The basis for the imposition of the Private Informal Admonition shall be stated, including the misconduct and the violations of the Hawai'i Rules of Professional Conduct. The Private Informal Admonition shall further inform the Respondent that: (A) within ten days of receipt of the Private Informal Admonition, he or she may demand that a Formal Disciplinary Proceeding be instituted against him or her; and(B) in the event such demand is received by Counsel within the ten-day period, the order for Private Informal Admonition shall be vacated, and a Formal Disciplinary Proceeding shall be instituted. If no demand is received within the ten-day period, the Private Informal Admonition shall be final. If the Respondent rejects the Private Informal Admonition imposed by Counsel, the Respondent must submit a demand within ten days of the receipt of the Private Informal Admonition requesting that a Formal Disciplinary Proceeding be instituted.
(ii)By the Board. If the Respondent and Counsel accept the Hearing Officer's or Hearing Committee's recommendation for a Private Informal Admonition or the Board determines that a Private Informal Admonition is the appropriate sanction, the Board Chairperson shall prepare the Private Informal Admonition. The basis for the imposition of the Private Informal Admonition shall be stated, including the misconduct and the violations of the Hawai'i Rules of Professional Conduct. The Filing Clerk shall file a copy in the Record of Formal Disciplinary Proceeding and serve the Parties with a copy of the Private Informal Admonition.(iii)Rejection of Private Informal Admonition. If either Party rejects a Private Informal Admonition, the Board shall file a report with the Supreme Court.(c)Service. The Private Informal Admonition shall be served in accordance with RSCH 2.11(a) or by certified or registered mail, return receipt requested, at the Respondent's address shown on the Respondent's current Attorney Registration Statement or other last-known mailing address.(d)Effect of Stipulation. By stipulating to a Private Informal Admonition, the Parties have consented to its imposition.(e) Confidentiality. If a Private Informal Admonition is imposed by the Board prior to the time when the matter is no longer confidential pursuant to RSCH 2.22(a)(7), then the matter and its disposition shall remain confidential.(f)Notice to Complainant. Counsel shall notify the Complainant that a Private Informal Admonition has been imposed; however, no copy will be provided to the Complainant unless the Private Informal Admonition is non-confidential pursuant to RSCH 2.22 and the Complainant requests a copy.