Soliciting plaintiff's for identical KS lawsuit


Yesterday Ian Lind posted an email sent out by David Rosen and forwarded by Richard Rowland of the Grassroot (sic) Institute of Hawaii soliciting plaintiffs for a new lawsuit to be "identical to the John Doe lawsuit that was recently settled."

Today, the Advertiser has a story on the email, including a comment from Carole Richelieu, the chief disciplinary counsel of the Office of Disciplinary Counsel, which polices attorney conduct: "Generally speaking, she said, court rules bar attorneys from soliciting clients through e-mails or faxes." And David Shapiro's column is also about the email.

And the Star-Bulletin story provides more details on the possible ethics violation:
According to some experts, the e-mails possibly violated professional ethics codes.

Rules prohibit attorneys from soliciting clients through e-mail, though it is OK to use regular mail or advertisement, said James Kawachika, an attorney who gives lawyers ethics advice and represents them before the Disciplinary Board.

"He would still be violating ethical rules because he cannot do indirectly that which he himself is prohibited from doing directly," said Kawachika, a former chairman of the board, which oversees allegations of ethics violations and misconduct by attorneys.
[...]
The Hawaii State Bar Association, prompted by a wave of complaints it got about Rosen's e-mail, will investigate the matter at a regular board meeting tomorrow, said President Jeffrey Portnoy.

Update: Doug at Poinography has a good analysis of the situation, saying "I think the ethics complaint will go nowhere" from looking at the relevant rules, and that :
Even if this particular lawyer is punished for these emails, the word is now out that prospective clients should contact Burgess or Rowland. I have little doubt that either man would forward the names of prospective clients to a sympathetic attorney. To be blunt: there will be new plaintiffs, a/additional lawsuit[s] will go forward, and eventually one will reach SCOTUS before being settled.

Also, Corky's cartoon compares it to Nigeria email spam.


Posted: Wed - May 23, 2007 at 06:52 AM    
   
 
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Published On: May 24, 2007 06:37 AM
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