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KITV and Star-Bulletin get it wrong on unauthorized practice of law

By The Blog Team

The Supreme Court of Hawai`i is considering a proposed addition to its rules regarding the unauthorized practice of law. As noted in the announcement seeking public comment (due Jan. 25), "The proposed rule defines the practice of law and would assist with enforcement measures, by clarifying what is and is not the practice of law."

KITV News and the Star-Bulletin misleadingly state that "legal aid" offices may be shut down as a result of the proposal. The Legal Aid Society of Hawai`i (LASH) is staffed by licensed attorneys. Its work wouldn't be impacted by the proposed rule.

Second, the lead to KITV's story is: "Hawaii lawyers are trying to put their competition out of business." Uh, it's already illegal to practice law without a license. And that's quite a spin for a "news" lead. The story could have just as easily (and more accurately) asserted that the Supreme Court is attempting to enhance consumer protection by helping enforcement authorities effectively address the unauthorized practice of law.

There is a definite problem with lack of access to affordable legal representation. The solution isn't to allow non-lawyers to attempt to "practice law" on desperate people who have nowhere else to turn. Rather, solving this problem requires more funding for legal-service agencies, such as LASH; the implementation of student-loan-forgiveness programs that allow debt-adled attorneys to practice public-interest law; and, in the long run, the promotion of a more equitable economy that doesn't allow for such a huge division between rich and poor (with a corresponding two-tier system of justice).

Full post as published by Supreme Court of Hawaii Blog (Unofficial) on January 22, 2008 (boomark / email).