amendments to the Hawaii Rules of Professional Conduct

(1) a nonlawyer owns any interest therein, except that a fiduciary
representative of the estate of a lawyer may hold the stock or interest of the
lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof or occupies
the position of similar responsibility in any form of association other than a
corporation; or
(3) a nonlawyer has the right to direct or control the professional
judgment of a lawyer.
COMMENTS:
[1] The provisions of this Rule express traditional
limitations on sharing fees. These limitations are to protect the
lawyer's professional independence of judgment. Where
someone other than the client pays the lawyer's fee or salary, or
recommends employment of the lawyer, that arrangement does
not modify the lawyer's obligation to the client. As stated in
paragraph (c), such arrangements should not interfere with the
lawyer's professional judgment.
[2] This Rule also expresses traditional limitations on
permitting a third party to direct or regulate the lawyer’s
professional judgment in rendering legal services to another.
See also Rule 1.8(f) of these Rules (lawyers may accept
compensation from a third party as long as there is no
interference with the lawyer’s independent professional
judgment and the client gives consent after consultation).
[3] Subsection (b) only applies if legal services are
provided by the partnership to third persons or entities (i.e.,
other than to the partnership itself).
Rule 5.5. UNAUTHORIZED PRACTICE OF LAW.
A lawyer shall not:
(a) practice law in a jurisdiction where doing so violates the
regulation of the legal profession in that jurisdiction; or
(b) assist a person who is not a member of the bar in the performance
of activity that constitutes the unauthorized practice of law; or
(c) allow any person who has been suspended or disbarred and who
maintains a presence in an office where the practice of law is conducted by the
lawyer to have any contact with the clients of the lawyer either in person, by
telephone, or in writing or to have any contact with persons who have legal
dealings with the office either in person, by telephone, or in writing.
COMMENT:
The definition of the practice of law is established by law
and varies from one jurisdiction to another. Whatever the
definition, limiting the practice of law to members of the bar
protects the public against rendition of legal services by
unqualified persons. Paragraph (b) does not prohibit a lawyer
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