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amendments to the Hawaii Rules of Professional Conduct

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<strong>the</strong> ethical aspects <strong>of</strong> <strong>the</strong>ir employment, particularly regarding<br />

<strong>the</strong> obligation not <strong>to</strong> disclose information relating <strong>to</strong><br />

representation <strong>of</strong> <strong>the</strong> client, and should be responsible for <strong>the</strong>ir<br />

work product. The measures employed in supervising<br />

nonlawyers should take account <strong>of</strong> <strong>the</strong> fact that <strong>the</strong>y do not have<br />

legal training and are not subject <strong>to</strong> pr<strong>of</strong>essional discipline.<br />

[2] Paragraph (a) requires lawyers with managerial<br />

authority within a firm <strong>to</strong> make reasonable efforts <strong>to</strong> establish<br />

internal policies and procedures designed <strong>to</strong> provide reasonable<br />

assurance that nonlawyers in <strong>the</strong> firm will act in a way<br />

compatible with <strong>the</strong> <strong>Rules</strong> <strong>of</strong> Pr<strong>of</strong>essional <strong>Conduct</strong>. See<br />

Comment [2] <strong>to</strong> Rule 5.1. Paragraph (b) applies <strong>to</strong> lawyers who<br />

have supervisory authority over <strong>the</strong> work <strong>of</strong> a nonlawyer.<br />

Paragraph (c) specifies <strong>the</strong> circumstances in which a lawyer is<br />

responsible for conduct <strong>of</strong> a nonlawyer that would be a violation<br />

<strong>of</strong> <strong>the</strong> <strong>Rules</strong> <strong>of</strong> Pr<strong>of</strong>essional <strong>Conduct</strong> if engaged in by a lawyer.<br />

Rule 5.4. PROFESSIONAL INDEPENDENCE OF A LAWYER.<br />

(a) A lawyer or law firm shall not share legal fees with a nonlawyer,<br />

except that:<br />

(1) an agreement by a lawyer with <strong>the</strong> lawyer's firm, partner, or<br />

associate may provide for <strong>the</strong> payment <strong>of</strong> money, over a reasonable period <strong>of</strong><br />

time after <strong>the</strong> lawyer's death, <strong>to</strong> <strong>the</strong> lawyer's estate or <strong>to</strong> one or more specified<br />

persons;<br />

(2) a lawyer who purchases <strong>the</strong> practice <strong>of</strong> a deceased, disabled, or<br />

disappeared lawyer may, pursuant <strong>to</strong> <strong>the</strong> provisions <strong>of</strong> Rule 1.17 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>,<br />

pay <strong>to</strong> <strong>the</strong> estate or o<strong>the</strong>r representative <strong>of</strong> that lawyer <strong>the</strong> agreed-upon purchase<br />

price;<br />

(3) a lawyer or law firm may include nonlawyer employees in a<br />

compensation or retirement plan, even though <strong>the</strong> plan is based in whole or in<br />

part on a pr<strong>of</strong>it-sharing arrangement;<br />

(4) a lawyer may share court-awarded legal fees with a non-pr<strong>of</strong>it<br />

organization that employed, retained, or recommended employment <strong>of</strong> <strong>the</strong><br />

lawyer in <strong>the</strong> matter; and<br />

(5) a lawyer who undertakes <strong>to</strong> complete unfinished legal business <strong>of</strong><br />

a deceased lawyer may pay <strong>to</strong> <strong>the</strong> estate <strong>of</strong> <strong>the</strong> deceased lawyer that proportion<br />

<strong>of</strong> <strong>the</strong> <strong>to</strong>tal compensation that fairly represents <strong>the</strong> services rendered by <strong>the</strong><br />

deceased lawyer.<br />

(b) A lawyer shall not form a partnership with a nonlawyer if any <strong>of</strong><br />

<strong>the</strong> activities <strong>of</strong> <strong>the</strong> partnership consist <strong>of</strong> <strong>the</strong> practice <strong>of</strong> law.<br />

(c) A lawyer shall not permit a person who recommends, employs, or<br />

pays <strong>the</strong> lawyer <strong>to</strong> render legal services for ano<strong>the</strong>r <strong>to</strong> direct or regulate <strong>the</strong><br />

lawyer's pr<strong>of</strong>essional judgment in rendering <strong>the</strong> legal services.<br />

(d) A lawyer shall not practice with, or in <strong>the</strong> form <strong>of</strong>, a pr<strong>of</strong>essional<br />

corporation or association authorized <strong>to</strong> practice law for a pr<strong>of</strong>it, if:<br />

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