Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, September 9, 2020
Dubin Disbarred--Its 'Foreclosure Hour' for Associate of John Waihee and Keanu Sai
By News Release @ 10:01 PM :: 7070 Views :: Ethics, Judiciary, OHA

PRESS RELEASE

From Office of Disciplinary Counsel, September 9, 2020

(UPDATE: Dubin and Waihee file motion for reonsideration Sept 21, 2020

(UPDATE #2: The Hawaii Supreme Court, September 28, 2020, declined to reconsider Dubin's disbarment but did give him an extension to November 9, 2020 to wrap up his business.  Dubin says he will appeal to the US Supreme Court.)

HONOLULU, HAWAIʻI – On September 9, 2020, the Hawaiʻi Supreme Court entered a final order imposing the sanction of disbarment from the practice of law, upon attorney Gary Victor Dubin, of Honolulu, effective Friday, October 9, 2020.

In its disbarment order the Hawaiʻi Supreme Court found, by clear and convincing evidence, that Mr. Dubin, committed multiple serous acts of misconduct. Specifically, In Office of Disciplinary (ODC) Case No. 16-O-151, the court found that Dubin knowingly misrepresented the truth when he stated in a 2008 application for a mortgage solicitors license that he had not been convicted of a crime within 20 years of the submission date.

In ODC Case No. 16-O-147, the court found that Dubin engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, by signing the names of his clients, without their permission, to cash a $132,000.00 settlement check made out to them alone, and placing the funds in his client trust account which he controlled.

As to that deposit, the court found that Dubin did not immediately inform the clients of the receipt of the funds, and that the late 2015 invoice he issued to the clients was the first billing statement or accounting since the inception of his representation of them in early 2012. As to that 2015 invoice, Dubin asserted $69,702.87 in fees and costs owing, based upon an hourly rate of $385.00 for associates on the case; which the court found unreasonable as it exceeded by $115.00 the hourly rate agreed upon, and because it included charges for one “associate” attorney for work done at a time when that person was not licensed to practice law. The court then concluded that, as a result, Dubin overcharged the clients a minimum of $19,885.00.

In ODC Case No. 16-O-326, Dubin withdrew $3,500.00 of the client’s funds at a time when, based upon Dubin’s own accounting, Dubin had not yet earned those funds, thereby misappropriating client funds. The court also found that he did not inform the client when he fully disbursed the client’s $45,000.00 from his client trust account, thereby misappropriating client funds, violating trust reporting requirements, and for failing to cooperate with the disciplinary authorities investigating the case.

As to the first case (ODC Case No. 16-O-151) the court found Dubin’s conduct inflicted injury on the public at large and injured the integrity of the profession. As to the later two cases (ODC Case Nos. 16-O-147 and 16-O-326) the court found Dubin inflicted actual, serious, injury upon his clients and upon the legal profession.

In aggravation, the court found that Dubin had two prior disciplinary findings against him; evinced a dishonest or selfish motive; demonstrated a pattern of misconduct; committed multiple offenses; refused to acknowledge the wrongful nature of his conduct; and had substantial experience in the practice of law. In mitigation, Dubin presented many positive comments from clients, and the court noted that Dubin had contributed positively to the development of the law.

The court, after reviewing precedent determined that disbarment is the appropriate sanction and ordered that Dubin pay $19,885.00 in restitution to the clients harmed in ODC Case No. 16-O-147. The court also ordered that Dubin shall bear the costs of these disciplinary proceedings.

Upon entry of this September 9, 2020 disbarment order, Mr. Dubin shall not accept any new retainer or engage as attorney for another in any new case or legal matter of any nature. However, between September 9, 2020 and concluding October 9, 2020 he may wind up and complete, on behalf of any client, all matters that were pending on September 9, 2020. During that time, he is required to promptly notify all of his clients, and any attorneys for any adverse party in any pending litigation, of his disbarment and consequent inability to act as an attorney. By October 10, 2020, Mr. Dubin shall surrender to all clients, all papers and property to which the clients are entitled, and refund any advance payments of fees that have not been earned.

Mr. Dubin, age 82, was admitted to the Hawaiʻi bar in 1982, and is a graduate of New York University, School of Law. If there are any questions, please contact me at (808) 469-4026.

Case information: ODC v. Dubin, SCAD-19-0000561 (the order was signed by: Chief Justice Recktenwald, and Associate Justices Nakayama, McKenna, and Wilson, with Intermediate Court of Appeals Associate Judge Leonard, assigned by reason of vacancy.)

####

UPDATE: Dubin and Waihee file motion for reonsideration Sept 21, 2020

ILind: Attorney Gary Dubin disbarred by order of the Hawaii Supreme Court

ILind: Dubin Responds

Documents:
Background:
Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT