Office of Disciplinary Counsel v. Songstad

Summary

The Supreme Court of Hawaiʻi ordered the disbarment of Steven B. Songstad after finding numerous violations of the Hawaiʻi Rules of Professional Conduct across multiple disciplinary matters. The court identified extensive neglect, client abandonment, failures to communicate and respond to disciplinary inquiries, misappropriation of client funds, and unauthorized practice during suspension. The order also imposed restitution and costs as conditions and obligations associated with the disciplinary proceeding.

Holdings

1. Clear and convincing evidence established that Songstad violated numerous Hawaiʻi Rules of Professional Conduct through neglect and abandonment of client matters, failure to communicate, failure to comply with court and disciplinary orders, mishandling of client funds, misrepresentations, unauthorized practice during suspension, and related misconduct.
2. Disbarment was an appropriate sanction for Songstad's extensive and repeated misconduct, aggravating circumstances, and absence of mitigating factors.
3. Songstad was required to file an affidavit demonstrating compliance with RSCH Rule 2.16(d), pay specified restitution as a condition of any future reinstatement, and pay the costs of the proceedings.

Questions Presented

1. Whether clear and convincing evidence established Songstad's violations of the Hawaiʻi Rules of Professional Conduct across the identified disciplinary matters.
2. Whether disbarment was the appropriate sanction in light of the misconduct and aggravating and mitigating circumstances.
3. What restitution, affidavit, reinstatement, and costs requirements should accompany the disbarment order.

Disposition

other