Kokua Line June Watanabe

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Call state office in
suspected attorney
fraud

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Question: A co-worker has an attorney who says he has money in a client's account for her. She's asked him for it a couple of times, and he scolds her and tells her she shouldn't be touching that money and she can save it. But she really needs the money. What should she do?

Answer: You did not provide any details or a contact number, so it's difficult to give a specific answer.

It depends on what capacity the attorney is acting in, according to Lisa Lemon, a paralegal with the state Office of Disciplinary Counsel. The office has jurisdiction over an attorney's conduct, "in any capacity," if it involves instances of dishonesty, fraud, deceit or criminal conduct, she said.

If the attorney is acting as a trustee with control over the assets in your co-worker's account, then that's not a situation the office would get involved in or have control over, Lemon said.

Generally, if someone is acting as an attorney and client funds in a trust account are involved, "it would be something we would look at," she said.

If that's your co-worker's case, she can file a complaint by sending a letter detailing the situation to the Office of Disciplinary Counsel, 1132 Bishop St., Suite 300, Honolulu HI 96813. If it is within its jurisdiction, it may then initiate an investigation.

Q: HMSA treats people who are married and people who are married with different names differently. We're changing from a group to an individual plan. My husband and I have different last names, and HMSA is asking us for more paperwork, copies of our marriage license, etc. I can't get a good answer as to why that's all needed. I feel discriminated against because it is not law that we have to have the same last name. Someone has decided that if you have an individual plan, you are somehow more risky. Why?

A: HMSA regrets that you feel discriminated against, because "this was not the case," said Cliff Cisco, senior vice president for the organization.

Under a group plan, HMSA relies on the employer to certify family members; in individual plans, HMSA has to do it, he said.

When you were enrolled in an employer-based plan, your employer provided enrollment information to HMSA, he said. Employers certify who the family members are when they are enrolled in group coverage.

"Because there are many families where spouse and children have different last names, it is important to establish the relationship between the family members and the subscriber," Cisco said. "This is a routine practice, and this information is not used for anything other than establishing eligibility for health care coverage."

MAHALO
To Ivan, who changed a tire for me and my daughter on Wednesday at the Makiki Post Office. -- Lisa

MAHALO
To the Kuhio Avenue widening project workers for all their tireless, long, hot hours. The sidewalks are a work of art, and the center islands with the large flowering trees are wonderful, also.

It is probably a pedestrian's and bus' nightmare, but great job, even though there's more to do. -- M. and S. Wentovich

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Useful phone numbers

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See the Columnists section for some past articles.

Got a question or complaint?
Call 529-4773, fax 529-4750, or write to Kokua Line,
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Honolulu 96813. As many as possible will be answered.
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