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amendments to the Hawaii Rules of Professional Conduct

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from employing <strong>the</strong> services <strong>of</strong> parapr<strong>of</strong>essionals and delegating<br />

functions <strong>to</strong> <strong>the</strong>m, so long as <strong>the</strong> lawyer supervises <strong>the</strong> delegated<br />

work and retains responsibility for <strong>the</strong>ir work. See Rule 5.3 <strong>of</strong><br />

<strong>the</strong>se <strong>Rules</strong>. Likewise, it does not prohibit lawyers from<br />

providing pr<strong>of</strong>essional advice and instruction <strong>to</strong> nonlawyers<br />

whose employment requires knowledge <strong>of</strong> law; for example,<br />

claims adjusters, employees <strong>of</strong> financial or commercial<br />

institutions, social workers, accountants and persons employed<br />

in government agencies. In addition, a lawyer may counsel<br />

nonlawyers who wish <strong>to</strong> proceed pro se.<br />

Paragraph (c) prohibits an at<strong>to</strong>rney who employs or<br />

o<strong>the</strong>rwise utilizes a lawyer who is suspended or disbarred, or<br />

who resigned in lieu <strong>of</strong> discipline, from allowing that lawyer <strong>to</strong><br />

have any contact with <strong>the</strong> at<strong>to</strong>rney's clients or o<strong>the</strong>rs who have<br />

legal dealing with <strong>the</strong> at<strong>to</strong>rney's <strong>of</strong>fice. In order <strong>to</strong> protect <strong>the</strong><br />

public, strict prohibitions are essential <strong>to</strong> prevent permissible<br />

paralegal activities from crossing <strong>the</strong> line <strong>to</strong> giving legal advice,<br />

taking fees, or misleading clients and o<strong>the</strong>rs who deal with <strong>the</strong><br />

at<strong>to</strong>rney's <strong>of</strong>fice.<br />

Rule 5.6. RESTRICTIONS ON RIGHT TO PRACTICE.<br />

A lawyer shall not participate in <strong>of</strong>fering or making:<br />

(a) a partnership, shareholders, operating, employment, or o<strong>the</strong>r<br />

similar type <strong>of</strong> agreement that restricts <strong>the</strong> right <strong>of</strong> a lawyer <strong>to</strong> practice after<br />

termination <strong>of</strong> <strong>the</strong> relationship, except an agreement concerning benefits upon<br />

retirement or as permitted by Rule 1.17 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>; or<br />

(b) an agreement in which a restriction on <strong>the</strong> lawyer's right <strong>to</strong><br />

practice is part <strong>of</strong> <strong>the</strong> settlement <strong>of</strong> a client controversy.<br />

COMMENTS:<br />

[1] An agreement restricting <strong>the</strong> right <strong>of</strong> lawyers <strong>to</strong><br />

practice after leaving a firm not only limits <strong>the</strong>ir pr<strong>of</strong>essional<br />

au<strong>to</strong>nomy but also limits <strong>the</strong> freedom <strong>of</strong> clients <strong>to</strong> choose a<br />

lawyer. Paragraph (a) prohibits such agreements except for<br />

restrictions incident <strong>to</strong> provisions concerning retirement<br />

benefits for service with <strong>the</strong> firm or as allowed by Rule 1.17 <strong>of</strong><br />

<strong>the</strong>se <strong>Rules</strong> concerning sale <strong>of</strong> a law firm.<br />

[2] Paragraph (b) prohibits a lawyer from agreeing not<br />

<strong>to</strong> represent o<strong>the</strong>r persons in connection with settling a claim on<br />

behalf <strong>of</strong> a client.<br />

Rule 6.1. PRO BONO SERVICE.<br />

A lawyer should aspire <strong>to</strong> provide at least 50 hours <strong>of</strong> pro bono services<br />

per year. In fulfilling this responsibility, <strong>the</strong> lawyer should:<br />

(a) provide at least 25 hours <strong>of</strong> legal services without fee or<br />

expectation <strong>of</strong> fee <strong>to</strong>:<br />

(1) persons <strong>of</strong> limited means; or<br />

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