User:Evanshirley/sandbox

Evan R. Shirley

Born: November 1945 / Whittier, California Residence: Honolulu, Hawaii Other names: Evan Russell Shirley Occupation: Lawyer

Known for: Representation of Hawaii lawyers in matters involving legal ethics and professional responsibility in many different settings and forums, as well as serving as a consulting expert or as an expert witness.

Hawaii Lawyer Evan R. Shirley Evan R. Shirley, a Hawaii lawyer with 40 years of experience,ii represents lawyers in legal ethics and professional responsibility matters.i He has represented a wide variety of professional clients, including lawyers, doctors, dentists, architects, and real estate professionals in a range of settings. These cases often times occur in a confidential settingiii and they need to be kept private. Inevitably, some cases migrate to a public forum and, in such event, the story is managed or public relations firm is engaged.

1 http://www.myhsba.org/PublicDirectory/PublicDirectory.aspx?s=1220&m=001220|work=Hawaii Bar Association Member Database 2 http://en.wikipedia.org/wiki/Professional_responsibility|work=Wikipedia Mr. Shirley participates in legal ethics and professional responsibility cases in a variety of roles, including the following areas: • ODC Investigations of Disciplinary Grievances,iv • Fee Disputes,v • Defense of Formal Disciplinary Proceedings,vi • Disqualification Motions,vii • Testifying Expert Witness on All Aspects of Professional Responsibility, • Bar Admissions and Reinstatements,viii • Sanctions and Contempt Proceedings,

3 http://www.courts.state.hi.us/docs/court_rules/rules/rsch.htm#Rule_2.22 See, Rule 2.22,Rules of the Supreme Court of the State of Hawaii [Confidentiality: (a) General rule] "The files, records and proceedings of the Board, the hearing committees or officers, and Counsel,as they may relate to or arise out of any complaint or charge of unprofessional conduct against or investigation of an attorney, shall be deemed confidential … [except in specified circumstances]."

4 http://www.odchawaii.com/ 5 http://www.hsba.org/Attorney_Client_Relations.aspx 6 http://www.odchawaii.com/Disciplinary_Process.html 7 http://www.courts.state.hi.us/docs/opin_ord/sct/2011/may/SCPW-11-0000366.pdf DJC vs. The Honorable Sherri Ann L. Iha, Judge of the Family Court of the First Circuit, State of Hawai'i; and JSC, Respondents, 2011 Haw. LEXIS 137 (May 27, 2011, Haw. Sup. Ct.); And see, Judicature, Vol. 92, No. 1, July/August 2008, at 34-36 ("Survey of Hawaii Judges Explores Disqualification and Recusal Issues")

8 http://www.courts.state.hi.us/docs/court_rules/rules/rsch.htm#Rule_1 9 http://www.courts.state.hi.us/docs/court_rules/rules/rsch.htm#Rule_2.17

• Expert Consulting, • Risk Management Services and Audits, • Legal Malpractice Defense Where there is No Insurance, and • Consulting with Counsel Where There Is Coverage

Contents 1 Education 2 Licensing 3 Legal Career 4 Professional Activities 5 Publications (Books) 6 Publications (Journals) 7 Continuing Legal Education

Education Mr. Shirley graduated with a Juris Doctor degree from California Western University School of Law.ix He attended the University of Redlands for two years and received his Bachelor of Science degree from California State College.xi

10 http://www.cwsl.edu/main_v2011/index.asp 11 http://www.redlands.edu/ 12 http://www.csupomona.edu/

Licensing Mr. Shirley is in good standing, on an active basis in the following: All Courts in the State of Hawaiixii (1972) United States District Court for the District of Hawaiixiii (1972); United States Court of Appeals for the Ninth Circuit;xiv (1973); and, the Supreme Court of the United Statesxv (1976)

Legal Career From 1987 to the present Mr. Shirley is the owner, Shirley & Associates, Attorneys. During the five year period from 1977 to 1981 Mr. Shirley was managing partner of the law firm, Shirley Jordan Hillemann & Shklov, a seven member firm. For three years prior, he was a sole practitioner in Honolulu, Hawaii. From 1972 to 1975 Mr. Shirley was Legal Counsel and Executive Director, American Civil Liberties Union of Hawaii, the first lawyer employed by the Hawaii ACLU and also its first Executive Director. He was with the Office of the Public Defender, State of Hawaii during 1971 and Federal Defenders of San Diego, Inc. from 1970 to 1972.

13 http://www.myhsba.org/PublicDirectory/PublicDirectory.aspx?s=1220&m=001220 14 http://www.hid.uscourts.gov/ 15 http://www.ca9.uscourts.gov/ 16 http://www.supremecourt.gov/ 17 http://acluhi.org/ 18 http://hawaii.gov/budget/pd 19 http://www.fdsdi.com/

Professional Activities Mr. Shirley is an active member of the legal profession at both the state and national levels. He is Co-Chairperson, Hawaii State Bar Association (HSBA) Committee on Professional Responsibility and Risk Manage-ment (2011); Member, Committee to Revise Hawaii Rules of Profes-sional Conduct"  (2002-2010); Liaison Member, ABA Standing Commit-tee on Professionalism  (2008 to present); Member, Association of Professional Responsibility Lawyers  (APRL) (2002 to present); Chair-person of the APRL Website and Technology Committee (designed and implemented new website)  (2009-2011); Member, ABA Advisory Council, Commission on the Evaluation of the Rules of Professional Conduct ("Ethics 2000") (2002-2004); Member, ABA Center for Profes-sional Responsibility  (1999 to present); and, Chairperson, Cameras in the Courtroom Committee resulting in adoption of Hawaii Supreme Court Rules 5.1 and 5.2 permitting cameras in Hawaii courtrooms.

Publications (Books) Author, Practicing Law Professionally: An Introduction to Hawaii Legal Ethics (Under Agreement with HSBA in coordination with the Hawaii Supreme Court) to be published following the adoption of the newly-revised Hawaii Rules of Professional Conduct (anticipated in 2013)

20 http://www.hsba.org/committee_info.aspx 22 http://www.odchawaii.com/uploads/Executive_Summary_Final.pdf 23 http://apps.americanbar.org/dch/committee.cfm?com=SC133500&new 24 http://www.aprl.net/listings/state.html 25 http://www.aprl.net/ 26 http://www.americanbar.org/groups/professional_responsibility.html 27 http://www.courts.state.hi.us/docs/court_rules/rules/rsch.htm#Rule_5.1

Publications (Journals) Evan Shirley has been published extensively concerning legal ethics and professional responsibility issues over the past decade. His most recent articles are "An Epistle from the ODC: Not Quite a Scarlet Letter," 15 Hawaii Bar J. (05/12); "Why Drivers and Lawyers Violate Rules," 15 Ha-waii Bar J., No. 18 (09/11), "A Good Way to Avoid the ODC and Trouble with Clients," 15 Hawaii Bar J., No. 14 (07/11), and "Social Networking and How to Avoid Falling into Ethical Traps," 15 Hawaii Bar J., No. 13 (06/11).

Continuing Legal Education Continuing legal education (CLE) is an area where Mr. Shirley has made significant contribution. In the past year, Mr. Shirley has taught more than a dozen CLE programs on legal ethics and professional responsibility for Hawaii lawyers on Oahu, Maui, Kauai and Hawaii. The programs included such diverse topics as Closing a Law Office and Social Media 101: Online Networking and How to Avoid the Ethical Pitfalls in Your Law Practice.