2011 and 2012 - Disciplinary Board of the Hawaii Supreme Court

DISCIPLINARY COUNSEL’S REPORT (2011 and 2012)
By Janet S. Hunt, Chief Disciplinary Counsel
The Office of Disciplinary Counsel (“ODC”) is pleased to present its 2011 and 2012
annual statistical summary.
The past three years, 2010, 2011 and 2012, have been the most productive in ODC
history.
Clients continue to be largest source of complaints. The largest complaint category is
that of Neglect, however in 2011 and 2012, the next highest complaint category was that of
Commission of a Crime. Attorneys practicing 26+ years have the highest amount of complaints
in 2011 and 2012.
Areas where bar members need to also show more improvement are
misrepresentations to others, improper withdrawal from employment, improper disclosure of
confidential information, improper referral fees, conversion, and misrepresentations to the
court.
In conducting the comparison for the previous two years, ODC is better able to
demonstrate improvement in multiple areas of concern. Complaints regarding conflicts,
commingling, failure to deposit into the client trust account and failure to maintain client trust
account records have fallen, and there were no cases involving fraudulent advertising in 2012.
Additionally, the backlog of cases over two years old has been radically reduced, and
while there are still cases that are making their way through the hearing level which are
significantly older than two years, the vast majority of cases remaining with ODC are less than
two years old.
In 2011, 31% of closed cases concluded with public discipline. In 2012, 45% of closed
cases concluded with public discipline.
The annual statistical report for 2011 and 2012 is attached.

A. PERFORMANCE
ODC STATISTICAL REPORT FOR 2011 and 2012
I. COMPLAINTS DOCKETED BY SUBJECT CATEGORY
2011 2012
Abandonment 3 2
Abusiveness 0 0
Neglect (phone calls, letters, etc.) 11 8
Incompetence 2 0
Misrepresentations to Client 0 0
Misrepresentations to Others 1 3
Improper Withdrawal from Employment 2 2
Improper Disclosure of Confidential Information 0 2
Conflict of Interest 5 1
Improper Contact with Opposing Party 1 0
Other 4 0
B. FEES
2011 2012
Excessive Fees 0 0
Failure to Return Unearned Portion 0 0
Improper Referral Fees 0 4
Fee Dispute, No Unethical Conduct 0 0
Other 0 0
C. FUNDS AND PROPERTY
2011 2012
Commingling 4 1
Conversion 6 6
Failure to Account 6 0
Failure to Deposit in Trust Account 6 5
Failure to Maintain Records 3 1
Failure to Promptly Pay Out 2 0
Withdrawal-Funds in Dispute 0 0
Improper Payment to Client 0 1
Improper Assertion of Lien on Client’s Property 0 0
Failure to Promptly Deliver Property 0 1
Other 0 0

D. SOLICITATION
2011 2012
In-Person Solicitation 0 0
Direct Mail Solicitation 0 0
Other 0 0
E. ADVERTISING
2011 2012
False, Fraudulent, Deceptive, or Misleading 8 0
Specialization 0 0
Other 0 0
F. INTERFERENCE WITH JUSTICE
2011 2012
Advising Violation of Law 0 0
Appeal in Bad Faith 0 0
Advising Witness to Hide, Suppression of Evidence, Bribing 0 0
Witness
Aiding Unlawful Practice of Law 6 2
Disobedience of Court Order 2 2
Disrespect of Court 2 0
Gifts to Officials 0 0
Harassment, Claim Not Warranted 0 0
Misrepresentations to Court 2 2
Threaten Criminal Prosecution 1 1
Abuse of Process (Sham or Groundless Lawsuits, etc.) 0 0
Prosecutorial Misconduct 1 1
Improper Contact with Tribunal 1 1
Use of Perjured Testimony or False Evidence 0 0
Improper Trial Publicity 0 0
Other 0 0
G. FRAUD
2011 2012
Scheme to Defraud 1 0
Other 1 0

H. PERSONAL BEHAVIOR AND CRIMES
2011 2012
Commission of Crime 8 8
Failure to Honor Agreement or Stipulation 0 0
Offensive Language or Actions 0 0
Extortion or Intimidation 1 0
Coercion to Obtain Payment/Fee 0 0
Abusive Collection Practices 0 0
Failure to Pay Bills (Court Reporters, Expert Witnesses, etc.) 0 0
Improper Disclosure of Confidential Information 0 0
Other 2 0
TOTAL COMPLAINTS DOCKETED 2011 2012
92 54
II.
COMPLAINT SOURCES
2011 2012
Clients 36 25
Attorneys 6 3
Judges 2 2
Court Reporters 0 0
Bar Association 3 0
Office of Disciplinary Counsel 15 7
Attorney General 0 2
Other Governmental Agencies 3 2
Opposing Party 5 4
Anonymous 0 0
Member of the Public 4 1
Other 18 8
III.
NUMBER OF ATTORNEYS COMPLAINED AGAINST BY NUMBER OF YEARS IN PRACTICE
Number of Years in Practice 2011 2012
Less than 1 – 5 years 6 2
6 – 10 years 8 4
11 – 15 years 5 3
16 – 20 years 4 2
21 – 25 years 13 11
26 – 31+ years 36 24
Pro Hac Vice Admittee 0 0

IV.
NUMBER OF ATTORNEYS COMPLAINED AGAINST BY NUMBER OF COMPLAINTS PER ATTORNEY
2011 2012
1 Complaint 79 49
2 Complaints 9 4
3 Complaints 1 0
4 Complaints 2 0
5+ Complaints 1 1
V. COMPLAINT DISPOSITION
Public Reprimand
Public Censure
Suspension
Disbarment
Resignation in Lieu of
Discipline
Reinstatement
2011 2012
Thomas D. Collins
Mark Buckman
William F. Sink
B. Ladd Ueoka
Peter C. Hsieh
Carrie M. Yonemori
Janet C. Miller
Gary L. Hartman
Lee T. Miki
Scott T. Strack
Richard K. Griffith
Richard Hacker
Earle A. Partington
Danilo T. Aguilar
Vickery J. Russell
Nathan Paco
Terrie Chun
Cheryl P. Martinsen
Damon Yonashiro
Richard Griffith
Everett Walton
Gerald T. Johnson
Michael Ostendorp
Thomas P. Dunn
Graham Mottola
Steven H.S. Wong
Donald L. Wilkerson
Emmanuel G. Guerrero
Robert D. Kawamura
Robert M. M. Seto
Wevley W. Shea
Gregory Highnote
Allison L. Jacobs
Carolyn S. Kiyota
Joan P. Davis
Dennis D. Nishimura
Ronald D.S. Lau