Nuuhiwa, on December 26, Watanabe, on December 16, Walters and Mana Trading Co. Khamkouxone on January 13, Jonkey P. Vogel, Jr. Walker P.
Jennings on March 5, FC-P NO. Harris P. Lundstrom P.
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Galase, on July 12, Cooper, on January 31, Colvin P. Gerlich P. Mackey, aka Emma Lai Hipp P. Rehmet P. Lopes on March 9, Lacson on December 10, Tavares Bruce on April 1, Ha on November 17, Steward on September 7, Oglesby on March 23, Ortiz on May 5, Wong on February 15, Cross-motions for summary judgment were filed by the parties. The Court did not rule on liability or damages. In order to avoid further litigation, the Parties have agreed to settle the case under the terms and procedures described below.
In general, the Parties have agreed to the following: 1. The calculation of the potential reimbursement to eligible households in the Plaintiff Class is from May 17, to and including August 31, HPHA has not agreed to the payment of that amount and may or may not oppose the motion.
Supreme Court of Hawai‘i.
The foregoing is a summary of the proposed settlement. If you believe you are a member of the Plaintiff Class and have not already received written notice of this Settlement, you must provide your address to Class Counsel at the address listed below. Thornton, Esq.
Baker P. L FC-P.
Anaya Clerk of the Above-Entitled Court. Gonsalves, on December 23, Gonsalves, on July 16, Romano, Sr. Grochow P. Displaying notices:. Cora Avinante, and upon review of the stipulated facts and the evidence in the record, this court finds and concludes the following by clear and convincing evidence: In Office of Disciplinary Counsel ODC Case No. Cora Avinante is suspended from the practice of law in this jurisdiction for days, effective 30 days from the date of entry of this order, as provided by RSCH Rules 2. Respondent Avinante is reminded she may not resume the practice of law until reinstated by order of this court, pursuant to RSCH Rule 2.
Respondent Avinante shall, within that day period, submit proof of compliance with the resulting recommendations, said proof established through a subsequent review by the auditors, conducted three months after issuance of its initial recommendations. Failure to timely and successfully complete the audit and implementation of the recommendations may result in the imposition of an additional period of suspension, based upon a review of the record and any program reports. Upon consideration of the petition for the immediate restraintof Respondent Andrew A.
Furthermore, it appears Respondent Agard has closed his legal practice and transferred his clients to other attorneys, and that an appeal of his underlying federal criminal conviction is pending in the United States Court of Appeals for the Ninth Circuit. Finally, we find no good cause has been presented by Respondent Agard or is evident in the record to justify refraining from immediately restraining Agard from the practice of law in this jurisdiction, pursuant to RSCH Rule 2.
You are hereby advised that if you fail to appear on the date set forth in this notice or to file an answer with the Clerk of the Family Court of the First Circuit, whose mailing address is Kapolei Court Complex, Kapolei Parkway, Kapolei, Hawaii , further action shall be taken without further notice to you and your parental and custodian duties and rights concerning the child who is the subject of a petition may be terminated by award of permanent custody and that such child may then be placed for adoption.
Kelly on September 18, You are hereby advised that if you fail to appear on the date set forth in this notice or to file an answer with the clerk of the Family Court of the First Circuit, whose mailing address is Kapolei Court Complex, Kapolei Parkway, Kapolei, Hawaii , further action shall be taken without further notice to you and your parental and custodian duties and rights concerning the children who are the subject of a petition may be terminated by award of permanent custody and that such children may then be placed for adoption. Au is suspended for a further five years, effective immediately, notwithstanding Rule 2.
Dated: Honolulu, Hawaii, December 2, By Order of the Court: C. Upon consideration of the October 24, response filed by Respondent Douglas D. Osterloh in Office of Disciplinary Counsel v. Upon consideration of the petition for the immediate restraint of Respondent Christopher M. Fujiyama from the practice of law pursuant to Rule 2. Finally, the court notes that, in his submission, Respondent Fujiyama requests that formal proceedings be instituted forthwith.
Salling is disbarred from the practice of law in this jurisdiction, effective 30 days after the date of entry of this order, pursuant to Rule 2. Ferrigno and the Office of Disciplinary Counsel ODC , and the record, ths court reaches the following findings and conclusions of clear and convincing evidence. Respondent Ferrigno failed to inform his client in a timely manner of the basis or rate of his fee, in violation of HRPC 1.
The record, however, does not support the conclusion, by clear and convincing evidence, that Respondent Ferrigno transferred the monies in question without the permission or acquiescence of his client, and, therefore, the record does not support the conclusion that Respondent Ferrigno misappropriated the funds in question, in violation of HRPC Rule 1. Nor does the record support the conclusion, by clear and convincing evidence, that the dual representation was clearly unreasonable or that Ferrigno failed to inform both clients of the potential conflicts of the dual representation or failed to obtain their consent, and, therefore, does not support the conclusion Respondent Ferrigno violated HRPC 1.
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In aggravation, this court finds Respondent Ferrigno had substantial experience in the practice of law at the time of the misconduct, finds multiple offenses in the present matter, and notes Respondent Ferrigno has one prior discipline, a informal admonition for similar misconduct. Therefore, suspension being appropriate, see ODC v. Kugiya, No. Yoshino, No. Marn, No. Miyasaki, No. Loo, No. Keohokapu-Lucas on October 27, You are hereby advised that if you fail to appear on the date set forth in this notice or to file an answer with the clerk of the Family Court of the First Circuit, whose mailing address is Ronald T.
Moon Kapolei Courthouse, Kapolei Parkway, Kapolei, Hawaii , further action shall be taken without further notice to you and your parental and custodian duties and rights concerning the children who are the subject of a petition may be terminated by award of permanent custody and that such children may then be placed for adoption. By failing to provide an accounting and a refund for days from the initial request for both, Manuia violated HRPC Rules 1. By failing to maintain proper financial records regarding client funds and to perform the required account reconciliations, Manuia violated HRPC Rules 1.
In ODC No. The remaining violations to which Manuia stipulated in this matter are not supported by clear and convincing evidence in the record, including the stipulated facts, or are inapplicable to the conduct alleged. In ODC , by failing to provide the client with an accounting of his funds for 65 days, particularly in light of evidence in the record that she possessed such information shortly after the request was made, Manuia violated HRPC Rule 1.
Ten days to execute a withdrawal and substitution of counsel, absent evidence in the record of exigent of circumstances necessitating immediate withdrawal, does not rise to the level of improper withdrawal in violation of HRPC 1. In addition, this court finds, by clear and convincing evidence, the following factors in aggravation and mitigation.
In aggravation, we find Manuia has received one previous discipline, a informal admonition for failing to timely provide client with a copy of a court order and an accounting when requested, in violation of HRPC Rules 1. In mitigation, we find an absence of a selfish or dishonest motive, a favorable reputation in the community, including an admirable willingness to represent under-served portions of the community, personal and emotional challenges during part of the relevant period, a cooperative attitude toward ODC and disciplinary process; and a recognition of the wrongful nature of her conduct.
We further conclude Hayashi failed to maintain a client trust account or the required financial records pertaining to the receipt, safeguarding, and disbursement of client funds, and filed false statements concerning his receipt of client funds on his annual bar registration statements for and Songstad and upon full consideration of all the evidence in the record, this court reaches the following findings and conclusions by clear and convincing evidence; specifically, In ODC Case No.
In ODC Case. By failing to communicate with the client between April, and September, , including informing the client of the dismissal of the complaint, Songstad violated HRPC Rules 1.
By failing to monitor the status of the litigation so as to be unaware it had been dismissed due to his failures to take required actions, Songstad violated HRPC Rules 1. By failing to promptly provide the client with an accounting of the settlement funds or to deliver the funds due to the client, Songstad violated HRPC Rules 1.
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By failing to complete required stages in the litigation, resulting in the dismissal of the complaint, failing to inform the client of the dismissal or to otherwise communicate with him, and by misrepresenting the status of the matter to the client a month after the dismissal was entered, Songstad violated HRPC Rules 1. In aggravation, we find by clear and convincing evidence a prior disciplinary record evincing similar misconduct, a pattern of misconduct over time, vulnerable clients, a selfish motive, multiple violations in the present matter, bad faith obstruction of the disciplinary process by intentionally failing to comply with orders of the disciplinary agency, a refusal to acknowledge the wrongful nature of the conduct in the record, substantial experience in the practice of law, and an indifference to making restitution.
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We find no mitigating factors. Absent mitigating circumstances such conduct warrants disbarment. See, e. Cusmano, No. In aggravation, this court finds Respondent Bertelmann has substantial experience in the practice of law, and committed multiple ethical violations.
In mitigation, we note his clean disciplinary record, his sincere expressions of remorse, his eventual full cooperation with ODC in the investigation and disciplinary proceedings, and his strong reputation in the community for public service and representation of indigent clients. We particularly note, in mitigation, that Bertelmann suffered from a serious medical condition during the period of time in question which, though not excusing his conduct, mitigates against stronger discipline.
See ODC v. Kagawa, 63 Haw. Bergan, 60 Haw. Respondent Bertelmann shall submit proof of payment of that restitution to this court within 10 days following such payment or within 10 days after the entry date of this order, whichever occurs later. Ng and the Office of Disciplinary Counsel, and the record, this court finds by clear and convincing evidence, after de novo review of the entire record, see Office of Disciplinary Counsel v.
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See In re Silberkraus, F. The court further finds Respondent Ng was inexperienced in bankruptcy law at the time of the filing. See Matter of Burns, N. See In re W. In aggravation, this court finds Respondent Ng has committed multiple ethical violations and refuses to acknowledge the wrongful nature of his conduct. In mitigation, we note the absence in the record of any prior discipline against Ng. Children's Rights Institute. Christian Homeschoolers of Hawaii. Citizens for Recall.
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