The Office of the Disciplinary Counsel has, for the second time in as many years, recommended Honolulu attorney Gary Victor Dubin be disbarred.

In a complaint currently pending before the Hawaii Supreme Court, ODC cites several cases in which Dubin allegedly overcharged clients, failed to provide timely accounting, diverted clients funds for his own use by paying himself unearned fees from the client trust account, and in one case allegedly forged his clients signatures on a settlement check without notice or permission.

Dubin, now 81, is well known for his defense of homeowners facing foreclosure, which he promotes through a weekly “Foreclosure Hour” radio show co-hosted by former Gov. John Waihee, who is serving as co-counsel defending against the ODC recommendation.

Dubin has vigorously denied the ODC allegations, and has sought to seal the court record to keep the allegations secret until a final Supreme Court ruling is made. Dubin has also disputed the fairness of the disciplinary counsel, and is seeking to disqualify the ODC board, the entire ODC staff, the hearing officer in the proceedings in his case, and the attorney representing ODC before the Supreme Court.

ODC sought to suspend Dubin from the practice of law on an interim basis in 2018. The request was denied by the court “without prejudice,” and the court invited ODC to submit “further information regarding current, or new, allegations of misconduct engaged in by Respondent Dubin, which would warrant reconsideration.”

The latest findings and recommendation were filed with the court, and became public, on August 8, 2019. The court denied Dubin’s request to seal the court records, and has scheduled the case to proceed as provided by court rules. The court also denied Dubin’s request to set the case for oral arguments, but left the door open to reconsider the issue at a later time.

ODC bases its recommendation on several specific cases. In one case, ODC alleges Dubin “vicimized” his clients by overcharging nearly $20,000 for work of lawyers working on the case, and “by falsifying his legal research expense.” Further, they allege Dubin “forged their signatures on their settlement check, deposited it into his CTA, and withdrew for himself a substantial portion of the funds all without the knowledge or consent of his clients.”

In a second case, ODC claims Dubin “did not provide a requested timely accounting, paid himself unearned fees from the client trust account, and personally billed for over 30 hours on a single day (citations omitted).”

ODC, following the hearing officer’s findings, also identified what it termed aggravating factors that add to the seriousness of the charges.

• Dishonest or Selfish Motive

• A Pattern of Misconduct

• Multiple Offenses

• Bad Faith Obstruction of the Disciplinary Process

• Refusal to Acknowledge Wrongful Nature of Conduct

• Substantial Experience in the Practice of Law

• Prior Disciplinary Offenses

See also:
“Court deals major setback to condominium associations, attorneys,” iLind.net, Sept 26,2018.