A post here on Thursday reported that the Hawaii Supreme Court has issued an “Order of Disbarment” in a disciplinary matter brought before the court by the Office of Disciplinary Counsel.
In an email sent late Friday, attorney Gary Victor Dubin responded to the court’s action.
When I started foreclosure defense in Hawaii in bank town, I knew that I would be irritating vested interests, and it seems the more successful I have become, the more local enemies I have made, inside and outside the legal profession.
Wednesday’s licensing decision of the Hawaii Supreme Court is not final, as I will be filing for reconsideration in about ten days pointing out the clear mistakes in the order, since the Court’s conclusions are not supported in the record.
For your information, please see my defense attached in my opening brief.
Before you form any opinions, I hope that you will read the attached.
The order, for instance, cites as you reported, as aggravating factors my supposedly having two prior disciplinary sanctions, although I have never before been disciplined for any ethical misconduct involving a client. Never. Not one.
I have great confidence in the members of the Court who it appears did not however themselves have time to read the record, understandably preoccupied with other matters including the pandemic’s impact upon the courts, but relied upon a staff memo that was and is clearly erroneous.
Failing reconsideration, and based on the numerous federal due process violations detailed in the attached brief, I will seek relief in the United States Supreme Court.
You will be kept fully informed of developments.
Gary Dubin
For the position of the Office of Disciplinary Counsel, which was the prevailing party in the case before the Hawaii Supreme Court, see ODC’s Amended Answer Brief.
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How much did the ODC pay to Hamilton Fox, a Washington D.C. attorney (serving as one-time counsel), for this case? Was it really necessary to spend the money for a mainland attorney to help submit a straightforward brief in a local disbarment action?
Actually, yes. Dubin objected to virtually all local counsel, and to the staff attorneys of ODC, accusing them all of bias and conflicts, and ODC eventually relied on mainland counsel to present the case.
It’s just So tragic! Foreclosure defense attorneys are in such short supply in Hawai’i and the entire nation for that matter, and now Hawai’i et al, have lost a true warrior fighting for the rights of homeowners. I’m sure the foreclosure mill attorneys and the Crooked big banks are thrilled to have silenced an adversary that has challenged wrongful foreclosures all the way to the Supreme Court on numerous occasions and won for the little guy (consumers). This is a gigantic loss for the people of Hawai’i, one which unfortunately, will have lasting negative outcomes considering the tsunami of foreclosures heading our way due to the pandemic. Careful what you wish for, this ruling will only create more victims of unlawful foreclosure. Check the court dockets….homeowners are losing their properties unlawfully, without a fight, because there is nobody going to bat for them!