The Lawyers' Fund, the Next Best Alternative
This program is a recording of the Live Seminar held on February 14, 2019.
If you attended the live program; You cannot claim CLE for watching this recorded program.
Where a client suffers a loss caused by his/her lawyer’s dishonest± conduct, that client can file a claim with the Lawyers Fund for Client Protection (LFCP). In this seminar, the Chairperson of the Lawyers Fund for Client Protection (Mike Miyahira) and the Lawyers Fund Administrator (ODC’s Chief Disciplinary Counsel) will review the requirements and procedures for LFCP claims allowance, and the impact on the profession as a whole. Claims against Dead, Disabled or Disbarred (Triple-D) lawyers are all candidates for LFCP awards, so if you anticipate that any of your colleagues may at some time die, become disabled or disbarred, you might find it useful to learn of this process so you can better advise your colleagues and/or their injured clients.
“Dishonest Conduct” means: “wrongful acts committed by an attorney in the manner of defalcation or embezzlement of money; or the wrongful taking or conversion of money, property or other things of value; or refusal to refund unearned fees received in advance where the attorney performed no services or such an insignificant portion of the services that the refusal constitutes a wrongful taking or conversion of money; or borrowing money from a client without intention or reasonable ability or reasonably anticipated ability to repay it.” RSCH Rule 10.1(a).
Michael D. Miyahira, Chair, Lawyers' Fund for Client Protection
Mike Miyahira is the owner of Business Strategies, a company that helps family business owners with succession planning, family business governance issues and strategic planning, with clients on Oahu, Maui, Kauai and Hawaii Island. Prior to 2000, Miyahira spent more than 24 years with one of Hawaii’s largest commercial banks on the islands of Oahu, Maui and Hawaii. The bulk of his banking career was spent as a senior credit officer and manager of several of the bank’s business banking units.
Miyahira is the Chair of the Trustees of the Lawyers’ Fund for Client Protection of the Hawaii Supreme Court, serving as a Trustee since 1996. He is also a past president of the National Client Protection Organization whose membership spans the US and Canada.
Miyahira is also a member of the Advisory Committee for the Hilo Innovation & Manufacturing Center, a technology development project of the Hawaii Technology Development Corporation of the State of Hawaii. He is also a member of the Shidler Family Business Center of Hawaii, Big Island Advisory
Bradley Tamm, ODC's Chief Disciplinary Counsel
Bradley R. Tamm was recently appointed as ODC's Chief Disciplinary Counsel. Prior to this appointment, he served as Board Counsel to the Disciplinary Board from 2012 to 2018; and a member of the Disciplinary Board, and its Executive Committee from 2006 to 2012.
Mr. Tamm's private practice (from 1992 to 2018) was primarily limited to federal bankruptcy law, including pro bono work with Volunteer Legal Services of Hawaii.
A 1991 graduate of Thomas Jefferson School of Law, Mr. Tamm is also admitted (on inactive status) in California; and a member of the bar of the U.S. Supreme Court; 9th Circuit Court of Appeals; and U.S. District Courts for Hawaii, Northern, Eastern and Southern Districts of California, as well as the U.S. Court of International Trade and U.S. Tax Court.
Duration: approximately 1 hour
Credit: This seminar qualifies for 1 CLE Ethics Credit.
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This seminar will be available in your classroom to view for 1 year from the date of purchase OR until February 14, 2021 which ever comes sooner.
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Questions? Please contact HSBA CLE Department at 537-1868 or CLE@hsba.org.