David Kimo Frankel
The Protection of the Environment, Cultural Resources, and Quality of Life in Hawaii State Court
Hawaii Bar Journal (May 2000)

When bringing an environmental issue to Hawaiʻi state courts, one quickly discovers a minefield of potential procedural errors to navigate before a case can succeed on its merits.  After years of litigating environmental issues in Hawaiʻi, David Kimo Frankel saw the need for a guide around these time-consuming procedural hurdles.  “I’ve learned from every single case,” Frankel acknowledged.  “I made mistakes and regret something I did in every single case, even the cases I was successful in.”  To share some of the lessons learned and help colleagues spend more time on substantive law than procedural issues, Frankel published his May 2020 Hawaii Bar Journal article entitled The Protection of the Environment, Cultural Resources, and Quality of Life in Hawaii State Court.

This valuable guide for practitioners provides a comprehensive overview of how environmental cases are litigated in Hawaiʻi state courts.  Many complex issues need to be thought through before a case is filed.  Frankel recommends thinking through issues more carefully, perhaps using his article as a checklist. 

“Kimo Frankel draws upon a wealth of litigation experience to provide a valuable public service,” according to ELP Director David M. Forman.  “In addition to identifying applicable sources of authority, he also notes unanswered questions that I hope some of our students will explore further in papers submitted for their Second Year Seminar (SYS) and other classes.”  Frankel added that law students looking for a SYS topic should explore the issue of relief in the absence of any comprehensive or systematic look at the relief courts provide in environmental cases. 

When asked if he had any advice for Richardson students aspiring to become environmental lawyers, Frankel offered the following self-deprecating admissions: “Clerking is very important.  I never clerked, but regret having never clerked.  Evidence is really important.  I never took evidence, but I should have.”  For recent graduates new to the field, Frankel advised, “Don’t talk like a lawyer — talk like a person.”       

In addition to being a proud alumnus of Liliʻuokalani Elementary School, Frankel also happens to be a 1992 graduate of the William S. Richardson School of Law. 

JHKC 6/30/2020