amendments to the Hawaii Rules of Professional Conduct

civil enforcement proceedings, where there is applicable
judicial precedent that either has found the activity permissible
under this Rule or has found this Rule inapplicable. However,
the Rule imposes ethical restrictions that go beyond those
imposed by constitutional provisions.
[3] This Rule also applies to communications with any
person whether or not a party to a formal adjudicative
proceeding, contract or negotiation, who is represented by
counsel concerning the matter to which the communication
relates.
[4] In the case of an organization, this Rule prohibits
communications by a lawyer for another person or entity
concerning the matter in representation with persons having a
managerial responsibility on behalf of the organization, and
with any other person whose act or omission in connection with
that matter may be imputed to the organization for purposes of
civil or criminal liability or whose statement may constitute an
admission on the part of the organization. If an agent or
employee of the organization is represented in the matter by his
or her own counsel, the consent by that counsel to a
communication will be sufficient for purposes of this Rule.
Compare Rule 3.4(h) of these Rules.
[5] The prohibition on communications with a
represented person only applies, however, in circumstances
where the lawyer knows that the person is in fact represented in
the matter to be discussed. This means that the lawyer has
actual knowledge of the fact of the representation; but such
actual knowledge may be inferred from the circumstances. See
Rule 1.0(f) of these Rules. Such an inference may arise in
circumstances where there is substantial reason to believe that
the person with whom communication is sought is represented in
the matter to be discussed. Thus, a lawyer cannot evade the
requirement of obtaining the consent of counsel by closing eyes
to the obvious.
[6] In the event the person with whom the lawyer
communicates is not known to be represented by counsel in the
matter, the lawyer's communications are subject to Rule 4.3 of
these Rules.
Rule 4.3. DEALING WITH UNREPRESENTED PERSON.
(a) In dealing on behalf of a client with a person who is not
represented by counsel, a lawyer shall not state or imply that the lawyer is
disinterested. When the lawyer knows or reasonably should know that the
unrepresented person misunderstands the lawyer's role in the matter, the lawyer
shall make reasonable efforts to correct the misunderstanding.
(b) The lawyer shall not give legal advice to an unrepresented person,
other than the advice to secure counsel, if the lawyer knows or reasonably should
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