I primarily practice in the area of plaintiff’s personal injury cases, and complex commercial litigation involving Real Estate, Land Use, Construction, Legal Malpractice, Trusts & Estates, and Native Hawaiian Rights.
My real estate litigation practice involves disputes concerning purchase and sale agreements, joint venture partner issues, lender issues, entitlement issues, construction issues, condemnation issues, insurance coverage and archeological issues.
My legal malpractice and ethics practice involves defending and prosecuting legal malpractice claims. Many of these claims involve conflicts of interests and breaches of fiduciary duties. Because of my work in this area, from 1989 to 1994, the Hawaii Supreme Court & United States District Court of Hawaii appointed me to serve as the chairman of the Committee on Adoption of the American Bar Association Model Rules of Professional Conduct that resulted in the promulgation of the Hawaii Rules of Professional Conduct in 1994. Also, since 2003, I have served on the Committee to Revise the Hawaii Rules of Professional Conduct appointed by the Hawaii State Bar Association.
My trust and estate litigation practice involves disputes regarding implementation of trust obligations by trustees. This area of the law is very similar to the legal malpractice and ethics area because they both involve fiduciary duties concerning loyalty, conflicts of interests, disclosure, confidentiality, due diligence and prudent investor standards.
My Native Hawaiian Rights practice started in 1992 when I served as pro bono lead counsel in representing individual beneficiaries of the Hawaiian Home Lands Trust in litigation against the State of Hawaii for breaches of fiduciary duty that resulted in a $600 million settlement payable to the Department of Hawaiian Home Lands by way of $30 million per year payments for twenty years starting in 1995. I received the “Justice Award” from Hawaii State Bar Association in 1994 for my work on this case.
In 1994, I served pro bono lead counsel representing four individual Native Hawaiians to enjoin the State of Hawaii from selling ceded lands pending resolution of Native Hawaiian claims to those lands. In January 2008, the Hawaii Supreme Court in a unanimous decision enjoined the State from selling ceded lands on the grounds that the state would breach fiduciary duties owed to Native Hawaiians if it sold ceded lands before their claim to those lands is resolved through the political process. In March 2009, the United State Supreme Court reversed and remanded the case to the Hawaii Supreme Court to decide whether an injunction is warranted under State law. In July 2009, the matter settled where the case was dismissed without prejudice in consideration for the passage of Act 176 that prohibits sales of ceded lands to third parties unless the sale is supported by two-thirds majority vote of both houses.
Since 2003, I have represented the Office of Hawaiian Affairs against the State of Hawaii on a reduced fee basis to obtain its right to public land trust revenues under Article XII of the Hawaii Constitution and HRS Chapter 10.
I have lectured many times on commercial litigation, trial practice, legal ethics and Native Hawaiian Rights in seminars sponsored by the American Bar Association, Hawaii Bar Association, National Business Institute, Inc., Native Hawaiian Bar Association, Office of Hawaiian Affairs, Council for Native Hawaiian Advancement, Yale University, Molokai Chamber of Commerce and Asian American Institute.
I have received the following recognition by legal institutions:
• “AV” Martindale-Hubbell Rating
• Selected for The Best Lawyers in America – Commercial Litigation & Legal Malpractice Law (2007, 2008, 2009, 2010)
• Selected for Super Lawyers by Key Professional Media, Inc. in 2008, 2009, and 2010
EDUCATION
1971, Punahou School High School
1975, University of Pennsylvania, Wharton School (BA economics)
1978, Suffolk University Law School (third year at University of Hawaii William S. Richardson School of Law) (JD) LAW
PROFESSION
1978, Hawaii Supreme Court (law clerk for Chief Justice William S. Richardson)
1978-79, Honolulu City & County Prosecuting Attorney’s Office (deputy)
1980-89, Carlsmith Wichman Case Mukai & Ichiki (partner from 1985)
1989-1994, McCorriston, Miho & Miller (partner)
1994-present, Winer Meheula & Devens nka Meheula & Devens LLC (partner)
COMMUNITY INVOLVEMENT
• Native Hawaiian Advisory Council (consultant 1992-2002)
• Hawaiian Sovereignty Advisory Commission (commissioner 1993-94)
• Hawaiian Sovereignty Election Council (council member 1994-97)
• Native Hawaiian Bar Association (director 1994-present)
• Aha Punana Leo, Inc. language school system (advisor 1995-97)
• Honolulu Bulls Soccer Club (director 2003-2009)
• Major Island Soccer Organization (director 2005-present)
• American Judicature Society (member 2009-present)
Mamaka Aialo (member 2010 – present)