Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 999 entitled:

begs leave to report as follows:

The purpose of this measure is to increase the penalties for the unauthorized practice of law, and to make a technical correction to section 605-14, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of the Attorney General. A concerned paralegal submitted testimony in opposition to this measure.

Your Committee finds that the unauthorized practice of law is a very serious problem in Hawaii. Most people who retain a lawyer do so because they have a complicated legal matter that requires professional assistance. Lawyers are trained and licensed to interpret and apply our laws, and to zealously advocate for the best interests of their clients.

In addition, lawyers are held to a high duty of care in representing their clients' needs, and are subject to malpractice lawsuits for breaching that duty. Your Committee finds that nonlawyers lack the training, supervision, and legal duty that lawyers have, and are often ill equipped to adequately represent others in legal matters. Therefore, your Committee supports the intent of this measure, which would provide a further deterrent to the unauthorized practice of law.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 999 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.