Resignation of License


An attorney wishing to resign in good standing from the Hawaii State Bar may do so upon securing permission from the Supreme Court pursuant to the process set forth in RSCH Rule 1.10. This procedure, if successfully completed, will result in an attorney’s name and bar number being permanently removed from the Supreme Court of Hawaii’s attorney list.

RSCH Rule 1.10

      
1.10.     Resignation from the bar while in good standing.


(a)
 An attorney who is not the subject of a disciplinary investigation, proceeding, or order in any jurisdiction; who is not the subject of a disciplinary order issued by Disciplinary Counsel, the Disciplinary Board, or the Supreme Court; who is not the subject of a pending investigation or right of subrogation on a claim filed with the Lawyers' Fund for Client Protection; and who is otherwise in good standing may petition to resign and surrender his or her license to practice law.


(b)
 The Petition to Resign and Surrender License (Petition) shall be filed with the Clerk, upon the payment of the filing fee for an original action.


(c)
 The Petition shall be supported by (i) the petitioner's affidavit attesting to the fact the petitioner is not the subject of a disciplinary investigation, proceeding, or order in any jurisdiction and is no longer counsel in any pending matter; (ii) an affidavit of the Executive Director of the Hawaiʻi State Bar attesting to the petitioner's current status; (iii) Disciplinary Counsel's affidavit attesting to the fact the petitioner is not the subject of a pending disciplinary investigation, proceeding, or order in Hawaiʻi; and (iv) an affidavit of the Executive Director of the Lawyers' Fund for Client Protection attesting that no claims against the petitioner have been made or are pending with the Lawyers' Fund for Client Protection.


(d)
 The Petition shall be served in person or by certified mail upon Disciplinary Counsel, the Hawaiʻi State Bar Association, and the Lawyers' Fund for Client Protection at or before the time it is filed with the Clerk.


(e) 
Within ten (10) days after the Petition is filed, Disciplinary Counsel may file objections thereto.


(f) 
The Supreme Court shall consider the Petition and any objections thereto and shall issue an appropriate order.


(g)
 Attorneys who have been allowed to resign shall comply with the notice, affidavit, and record requirements of Rule 2.16(a), (b), (d), and (g), RSCH.


(Amended effective August 1, 1998; further amended December 19, 2018, effective January 1, 2019.)


Please Be Advised

If you are seeking to resign to avoid paying registration fees for the following year, please allow ample time for the entire procedure to be completed before December 31 of the calendar year.   Rule 1.10 allows the ODC at least 10 days after service of process to make objections to the petition, if any; and thereafter the court will require additional time to review the petition.  If your petition to resign is not granted before December 31, and you did not register your license for the following year, your registration will be deemed late.  Accordingly, we suggest that you begin the process of resignation well before December 31 in order to allow ample time to complete the process before the registration deadline.

If you would like to resign, please review Rule 1.10 above.   In addition, the HSBA has prepared a rule 1.10 guidance handout and sample petition documents for your convenience.