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Monday, October 17, 2022
Breiner Busted: Reprimand for Kealoha Conflict of Interest
By News Release @ 11:21 PM :: 3811 Views :: Ethics, Judiciary, Police

PRESS RELEASE

from Office of Disciplinary Counsel, October 17, 2022

HONOLULU, HAWAIʻI – On September 29, 2022, the Disciplinary Board of the Hawaiʻi Supreme Court imposed a Public Reprimand upon Honolulu attorney Myles S. Breiner for representing clients with concurrent conflicts of interest without obtaining a meaningful and informed consent after full and frank discussion and a written waiver of such concurrent conflict that met the stringent requirements of Rules 1.0 and 1.7 of the Hawai̔i Rules of Professional Conduct. This discipline arose, in part, out of the January 25, 2017 findings and order of federal district court judge Derrick K. Watson in Franson et al., v. City and County of Honolulu, et al., 16-cv-00096, dkt. #69 (D. Haw.).

While this Public Reprimand does not prevent Mr. Breiner from continuing to practice law, it may result in more serious sanctions for future violations of the rules of professional conduct.

Mr. Breiner was admitted to the Hawaiʻi Bar in 1987, and is a graduate of the University of San Francisco, School of Law. If there are any questions, please contact me at (808) 469-4026.

Case information: In re Myles S. Breiner, DB No. 22-9001.

  *   *   *   *   *

IMPOSITION OF A PUBLIC REPRIMAND BY THE DISCIPLINARY BOARD OF THE HAWAI‘I SUPREME COURT

LINK: Disciplinary Board of the Hawai’i Supreme Court Imposition of Public Reprimand on Myles S. Breiner (September 29, 2022)

A licensed attorney may not represent clients with adverse interests without “meaningful and informed consent” of each client obtained after a full and frank discussion and a written waiver that meets each of the stringent requirements of Rules 1.0 and 1.7 of the Hawaii Rules of Professional Conduct and their respective Comments.

You have stipulated and agreed that you have violated these requirements in connection with representation of Louis Kealoha, Katherine Kealoha, and others with competing interests.

Fortunately, in these instances, there appears to be little harm to your clients and presiding judges took ameliorating action to protect the potentially 2 affected parties. Your breach of professional standards is harmful to the profession.

The Disciplinary Board considers your violations of the rules of professional conduct in these conflict instances to be so serious as to warrant this stipulated Public Reprimand, imposed in person on this date before the Board.

This concludes the oral implementation of your Public Reprimand.

  *   *   *   *   *

BACKGROUND:

June 2022: Kaneshiro-Mitsunaga Saga: Defendants seek mainland defense attorneys because so many local Criminal Defense Lawyers are Conflicted on Their Case -- “Kaneshiro swapped out the attorney who represented him during his initial appearance June 17, Myles Breiner, due to an undisclosed conflict and is now represented by Birney Bervar.”

2021: ODC Complaint: Megan Kau Worked for Miske and Cop Who Arrested Him

2017: Judge Throws Kealoha’s Lawyer off Case -- Federal Judge Derrick Watson on Wednesday disqualified attorney Myles Breiner from representing two men suing the Honolulu Police Department over an assault by a police officer.

2009: Honolulu Meth-Dealer Protection Racketeer tied to Mehau, politicians  -- Rodenhurst's lawyer, Myles Breiner, said his client "has dedicated his life to law enforcement." "He's made a few mistakes…"

1999: IN RE: Myles S. BREINER  “During the course of his representation of a defendant in a murder case in Hawaii, respondent Myles S. Breiner was cited for four counts of criminal contempt of court.”

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