State flooded with complaints about out-of-state attorneys soliciting Maui wildfire survivors

HONOLULU (HawaiiNewsNow) - The tragic level of death and destruction on Maui has attracted a feeding frenzy of attorneys trying to sign up victims for lawsuits. Some of them are now under investigation for practicing without a Hawaii license or improper advertising.

The Hawaii Supreme Court has some of the strictest rules in the country about out-of-state lawyers and advertising so flyers like one sent by Texas attorney Erick Dick are under investigation.

The flyer says “you may be entitled to money” and “We are helping your friends and neighbors protect their legal rights and want to help you,” although Dick has no Hawaii clients.

The back of the flyer included a contract and instructions to sign it and text it to Dick’s law firm.

“I’m just trying to get people’s attention. So they know they have rights,” Dick told Hawaii News Now. “You can demonize me as much as you want. It doesn’t bother me.”

Special Section: Maui Wildfires Disaster

Dick said the flyer was approved by the Texas Bar Association and he has used similar flyers thousands of times, but apparently didn’t realize without a Hawaii license or working in partnership with a licensed Hawaii attorney, it is illegal to solicit clients here.

“We’ve looked at the laws, we were honest about being an out-of-state lawyer, I wasn’t trying to hide anything. Regardless of whether they liked my marketing or not, it’s so important that they know they have rights,” Dick said.

But Hawaii Chief Disciplinary Counsel Bradley Tamm said the flyer immediately raised suspicions of improper solicitation.

“I received 10, 12, 15 of these things from different sources sending me, ‘see what I got in the mail,’” Tamm said.

Tamm said he has looked into concerns about 42 lawyers or law firms and is actively investigating 22 attorneys, who could face license suspensions or criminal penalties.

In the wake of the disaster, and the onslaught of mainland lawyers, his office is overwhelmed.

“I’ll be candid with you. I didn’t have an emergency action plan for this,” Tamm said, adding some of the issues being raised have not come up before.

“And so we’re kind of making this stuff up as we go along.”

Many mainland attorneys are properly advertising after teaming up with licensed local firms, who are identified on the ads.

But Tamm said the Hawaii-licensed lawyer should be taking the lead with clients.

“Once you’ve retained that Hawaii attorney he may bring in a mainland counsel to work and talk to you that might be permitted. jury’s still out on that. I’m not exactly comfortable with it,” Tamm said.

Tamm is bound by strict secrecy rules and a process that can take many months of back-and-forth discussions, so exactly how they are resolved won’t be known anytime soon.

Meanwhile, if an unlicensed attorney actually ends up representing clients, its likely the opposing lawyers would investigate and report that to the judge, forcing the client to find other representation.

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