amendments to the Hawaii Rules of Professional Conduct

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elating to the matter, written notice and instructions to all other firm personnel forbidding any communication related to the screened matter with the disqualified lawyer, denial of access by the screened lawyer to firm files or other materials relating to the matter, and periodic reminders of the screen to the screened lawyer and all other firm personnel. See Rules 1.6, 1.7, 1.9, 1.10, 1.11, and 1.12 of these Rules. [10] To be effective, screening measures must be implemented as soon as practical after a lawyer or law firm knows or reasonably should know that there is a need for screening. Rule 1.1. COMPETENCE. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. COMMENTS: Legal Knowledge and Skill [1] In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or associate with, or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances. [2] A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence, and legal drafting, are required in all legal problems. Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question. [3] In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or - 9
association with another lawyer would be impractical. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest. [4] A lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation. This applies as well to a lawyer who is appointed as counsel for an unrepresented person. See also Rule 6.2 of these Rules. Thoroughness and Preparation [5] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence. Maintaining Competence [6] To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education. If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances. Rule 1.2. SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER. (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation, and, as required by Rule 1.4, shall consult with the client as to the means by which the objectives are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify. (b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social, or moral views or activities. (c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives consent after consultation. (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client - 10
Page 1 and 2: Electronically Filed Supreme Court
Page 3 and 4: constitutional democracy depend on
Page 5 and 6: elationship shall be established. S
Page 7 and 8: information that the isolated lawye
Page 9: [5] Similar questions can also aris
Page 13 and 14: [4] In a case in which the client a
Page 15 and 16: Rule 1.3. DILIGENCE. A lawyer shall
Page 17 and 18: prior consultation. In such cases t
Page 19 and 20: (c) Contingency Fees; Requirements.
Page 21 and 22: assistance in the midst of a procee
Page 23 and 24: COMMENTS: [1] This Rule governs the
Page 25 and 26: een a substantial element in enabli
Page 27 and 28: jurisdiction requiring the lawyer t
Page 29 and 30: (3) the representation does not inv
Page 31 and 32: clients whose interests are only ec
Page 33 and 34: efore accepting the representation,
Page 35 and 36: Consent Confirmed in Writing [20] P
Page 37 and 38: of this Rule. Thus, the lawyer does
Page 39 and 40: epresentation should be fully expla
Page 41 and 42: (h) A lawyer shall not: (1) make an
Page 43 and 44: lawyer learns that a client intends
Page 45 and 46: [12] Sometimes it will be sufficien
Page 47 and 48: through the lawyer’s efforts in t
Page 49 and 50: multiple clients in a matter repres
Page 51 and 52: firm's clients. In contrast, anothe
Page 53 and 54: lawyer will not materially limit th
Page 55 and 56: from the provisions of Rule 1.11, i
Page 57 and 58: currently serving as an officer or
Page 59 and 60: Rule 1.12. FORMER JUDGE, ARBITRATOR
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(2) the lawyer reasonably believes
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matters, which the lawyer should en
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lawyer for the organization cannot
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Taking Protective Action [5] If a l
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solutions as soon as possible. Norm
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(6) Copies of records showing all p
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Lawyers should be mindful of their
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faith makes the entire practice, or
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Other Applicable Ethical Standards
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whether or not to undertake a new m
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to inform the client of forms of di
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is that as between commonly represe
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of the evaluation, particularly the
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lawyer's role as third-party neutra
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does not vouch for the evidence sub
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[10] The other resolution of the di
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(d) advise or cause a person to sec
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[2] The advocate's function is to p
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circumstances where counsel suspect
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(iii) the fact, time and place of a
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prejudicial statements have been pu
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Determining whether or not such a c
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equirements of this Rule therefore
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civil enforcement proceedings, wher
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(3) either reach agreement with the
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circumstances is a question of fact
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the ethical aspects of their employ
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from employing the services of para
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means. The variety of these activit
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(b) representing the client is like
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Rule 6.5. NONPROFIT AND COURT-ANNEX
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[3] An advertisement that truthfull
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public-relations personnel, busines
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already feel overwhelmed by the cir
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services. Lawyers who participate i
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in law practice is acceptable so lo
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(2) offer, agree to, attempt, negot
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[3] A lawyer may refuse to comply w
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amendments to the Hawaii Rules of Professional Conduct

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