HSBA Board Issues Statement on David Rosen

Rec'd via email...

From: Alan Murakami
Sent: Friday, June 08, 2007 11:34 AM
Subject: David Rosen solicitation

For Immediate Release May 29, 2007

HSBA Board Issues Statement on David Rosen

The Hawaii State Bar Association ("HSBA") has received a number of complaints from its members and members of the public regarding attorney David Rosen's e-mail communication to non-clients asking for assistance in finding plaintiffs to assert a claim against Kamehameha Schools.

Read the rest in the extended entry...

There are some who believe that this communication either is or should be a violation of the ethical rules governing our profession. Whether or not this constitutes an ethical violation, the publicity surrounding this matter has adversely impacted the image of attorneys in our community.

The HSBA Board of Directors ("Board") reviewed this matter at its regularly scheduled monthly meeting on Thursday, May 23rd. It had the opportunity to hear from Mr. Rosen, who explained that the subject e-mail is not a solicitation for fee-paying clients and, in his opinion, is in the best tradition of the profession in providing representation to clients who chose to pursue unpopular causes.

Mr. Rosen informed the Board that a Disciplinary Complaint has been initiated against him and that he welcomes an expeditious decision from the Office of Disciplinary Counsel.

The Board acknowledges that the Office of Disciplinary Counsel, and ultimately the Hawaii Supreme Court, have sole jurisdiction over matters relating to attorney discipline and both the enactment and interpretation of the Hawaii Rules of Professional Conduct. Whether Mr. Rosen has or has not violated these rules will be determined in those forums.

The conduct of lawyers in finding and representing clients, and the resulting perception of attorneys and the legal profession in our community, is a legitimate matter of public interest. In Hawaii, and elsewhere, there is an ongoing debate concerning lawyer solicitation of clients in an attempt to balance the commercial free speech rights of attorneys with the high professional standards of the legal profession. It is not easy to reconcile these issues and Mr. Rosen's e-mail and the subsequent public controversy have highlighted the need to review, in a timely and reasoned manner, the issue of client solicitation in our community. The Committee to Revise the Hawaii Rules of Professional Conduct is developing amendments to these rules and expects to conclude its work this summer. Review of the rules regarding solicitation by attorneys is part of this review and we urge the committee to undertake this review with the instant situation in mind.

The mission of the HSBA is "to unite and inspire Hawaii's lawyers to promote justice, serve the public, and improve the legal profession." The Hawaii State Bar Association was founded in 1899 and incorporated in 1985 as a non-profit trade organization under Section 501(c)(6) of the Internal Revenue Code. Additional information on HSBA can be found at www.hsba.org

Contact:
Jeff Portnoy - HSBA President
808-521-9221

Lyn Flanigan - HSBA Exec. Director
808-537-1868 x212

Elisa Yadao
808-595-7449

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Posted: Sun - June 10, 2007 at 09:57 PM

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HSBA Board Issues Statement on David Rosen

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