HONOLULU (HawaiiNewsNow) – Seven staff attorneys at the Domestic Violence Action Center have quit in recent months and tell Hawaii News Now that they all left for the same reason — because other staff were allowed to provide legal advice to clients.
Legal representation is a crucial part of DVAC’s resources for survivors — and a key source of funding for the non-profit. But the attorneys who left say non-lawyers were allowed to provide legal advice to clients. They called it an “unauthorized practice of law.”
The CEO of the nonprofit denies the allegation, however.
The attorneys who left DVAC did not want to show their faces or have their names revealed for this story and some have moved on to new jobs. One attorney said he enjoyed working at DVAC to “leave a positive imprint in the community.” Another attorney said she was committed to helping the survivors “get freedom from their abusers.”
Those remedies, a third attorney said, include “temporary restraining orders, divorces, and paternity matters on behalf of victims.”
All the HNN attorneys spoke to say the problems started when longtime CEO Nanci Kreidman retired. Under Kreidman, advocates at DVAC provided assistance with housing, SNAP applications and other forms of support but were not allowed to give legal advice.
That changed when a new CEO — Monique Ibarra — came in, the attorney said.
After the new approach was rolled out, one attorney sought an advisory opinion from the Office of Disciplinary Counsel, which investigated complaints against the legal community.
In the attorney’s resignation letter, he said ODC reminded him of his professional responsibility “to not assist in the unauthorized practice of law.”
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With the attorney gone, the lack of a legal staff could threaten some public funding for DVAC.
DVAC gets funding through private donations and grants, including from the Hawaii State Judiciary. A spokesperson for the Judiciary said one of the contract agreements provides for $114,075 per month for services to help clients.
DVAC submits invoices based on billable hours and services provided, such as appearing in court with a client, drafting documents and meeting with witnesses.
A second contract with the state agency provides for $40,924 per quarter to compensate DVAC for work to assist indigenous individuals.
“Study after study shows that the most effective way to protect the survivors is through legal remedies,” one of the attorneys said.
DVAC has helped countless survivors of family violence for years and has been associated with many awareness campaigns.
Another former employee said the fighting prevented collaboration.
“The main goal should be helping clients and helping people,” the employee said.
In a statement, Ibarra said the agency is “committed to 100% compliance in all aspects of the law and funding contracts.”
She denied the allegations of unlawful practice of law in a statement, which said:
“Advocates and attorneys have always worked together to bring different professional perspectives to fulfill survivor needs, but only our attorneys provide legal advice and will continue to do so.”
Ibarra admitted different perspectives sometimes but said “our entire team shares a dedication to client safety.” The agency is using contract attorneys while they hire new staff attorneys.
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