Posted on: Tuesday, April 20, 2004

Attorney in disability lawsuits suspended over misuse of money

Associated Press

A Honolulu attorney who has represented clients in disability cases has been suspended for misappropriating settlement money owed to a third party, state judiciary officials said yesterday.

The state Office of Disciplinary Counsel suspended Lunsford Dole Phillips from practicing law for one year and one day, effective May 17.

Phillips was disciplined for failing to promptly pay $6,440.32 to one of his experts and also violated several of the Hawai'i Rules of Professional Conduct on handling money belonging to clients and others, said Margali Sunderland, special assistant disciplinary counsel.

Phillips referred comments to his attorney, Pamela Tower, who declined comment on the action.

Phillips has filed hundreds of lawsuits over the years challenging businesses over compliance with the Americans with Disabilities Act.

In 2002, he joined the American Civil Liberties Union in filing a suit to invalidate a state constitutional amendment that changes the way suspects are charged in felony cases. Hawai'i voters approved the amendment in 2002, but the state Supreme Court in February invalidated the election results, ruling in favor of the ACLU's argument that voters had not been properly educated about the amendment.