06.01.2015 Views

amendments to the Hawaii Rules of Professional Conduct

amendments to the Hawaii Rules of Professional Conduct

amendments to the Hawaii Rules of Professional Conduct

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

association with ano<strong>the</strong>r lawyer would be impractical. Even in<br />

an emergency, however, assistance should be limited <strong>to</strong> that<br />

reasonably necessary in <strong>the</strong> circumstances, for ill-considered<br />

action under emergency conditions can jeopardize <strong>the</strong> client's<br />

interest.<br />

[4] A lawyer may accept representation where <strong>the</strong><br />

requisite level <strong>of</strong> competence can be achieved by reasonable<br />

preparation. This applies as well <strong>to</strong> a lawyer who is appointed<br />

as counsel for an unrepresented person. See also Rule 6.2 <strong>of</strong><br />

<strong>the</strong>se <strong>Rules</strong>.<br />

Thoroughness and Preparation<br />

[5] Competent handling <strong>of</strong> a particular matter includes<br />

inquiry in<strong>to</strong> and analysis <strong>of</strong> <strong>the</strong> factual and legal elements <strong>of</strong> <strong>the</strong><br />

problem, and use <strong>of</strong> methods and procedures meeting <strong>the</strong><br />

standards <strong>of</strong> competent practitioners. It also includes adequate<br />

preparation. The required attention and preparation are<br />

determined in part by what is at stake; major litigation and<br />

complex transactions ordinarily require more elaborate<br />

treatment than matters <strong>of</strong> lesser consequence.<br />

Maintaining Competence<br />

[6] To maintain <strong>the</strong> requisite knowledge and skill, a<br />

lawyer should engage in continuing study and education. If a<br />

system <strong>of</strong> peer review has been established, <strong>the</strong> lawyer should<br />

consider making use <strong>of</strong> it in appropriate circumstances.<br />

Rule 1.2. SCOPE OF REPRESENTATION AND ALLOCATION OF<br />

AUTHORITY BETWEEN CLIENT AND LAWYER.<br />

(a) Subject <strong>to</strong> paragraphs (c) and (d), a lawyer shall abide by a client's<br />

decisions concerning <strong>the</strong> objectives <strong>of</strong> representation, and, as required by Rule<br />

1.4, shall consult with <strong>the</strong> client as <strong>to</strong> <strong>the</strong> means by which <strong>the</strong> objectives are <strong>to</strong><br />

be pursued. A lawyer may take such action on behalf <strong>of</strong> <strong>the</strong> client as is impliedly<br />

authorized <strong>to</strong> carry out <strong>the</strong> representation. A lawyer shall abide by a client's<br />

decision whe<strong>the</strong>r <strong>to</strong> settle a matter. In a criminal case, <strong>the</strong> lawyer shall abide by<br />

<strong>the</strong> client's decision, after consultation with <strong>the</strong> lawyer, as <strong>to</strong> a plea <strong>to</strong> be entered,<br />

whe<strong>the</strong>r <strong>to</strong> waive jury trial, and whe<strong>the</strong>r <strong>the</strong> client will testify.<br />

(b) A lawyer's representation <strong>of</strong> a client, including representation by<br />

appointment, does not constitute an endorsement <strong>of</strong> <strong>the</strong> client's political,<br />

economic, social, or moral views or activities.<br />

(c) A lawyer may limit <strong>the</strong> scope <strong>of</strong> <strong>the</strong> representation if <strong>the</strong> limitation<br />

is reasonable under <strong>the</strong> circumstances and <strong>the</strong> client gives consent after<br />

consultation.<br />

(d) A lawyer shall not counsel a client <strong>to</strong> engage, or assist a client, in<br />

conduct that <strong>the</strong> lawyer knows is criminal or fraudulent, but a lawyer may<br />

discuss <strong>the</strong> legal consequences <strong>of</strong> any proposed course <strong>of</strong> conduct with a client<br />

- 10 ­

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!