amendments to the Hawaii Rules of Professional Conduct

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and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. (e) When a lawyer knows or reasonably should know that a client expects assistance not permitted by the Rules of Professional Conduct or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct. See Rule 1.4(a)(5) of these Rules. COMMENTS: Allocation of Authority Between Client and Lawyer [1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer’s professional obligations. The decisions specified in paragraph (a), such as whether to settle a civil matter, must be made by the client. See Rule 1.4(a)(1) of these Rules for the lawyer’s duty to communicate with the client about such decisions. With respect to the means by which the client’s objectives are to be pursued, the lawyer shall consult with the client as required by Rule 1.4(a)(2) and may take such action as is impliedly authorized to carry out the representation. [2] On occasion a lawyer and a client may disagree about the means to be used to accomplish the client’s objectives. Clients usually defer to the special knowledge and skill of their lawyer with respect to the means to be used to accomplish their objectives, particularly with respect to technical, legal, and tactical matters. Conversely, lawyers usually defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. Because of the varied nature of the matters about which a lawyer and client might disagree and because the actions in question may implicate the interests of a tribunal or other persons, this Rule does not prescribe how such disagreements are to be resolved. Other law, however, may be applicable and should be consulted by the lawyer. The lawyer should also consult with the client and seek a mutually acceptable resolution of any disagreement. If such efforts are unavailing and the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the representation. See Rule 1.16(b)(4) of these Rules. Conversely, the client may resolve the disagreement by discharging the lawyer. See Rule 1.16(a)(3) of these Rules. [3] At the outset of representation, the client may authorize the lawyer to take specific action on the client’s behalf without further consultation. Absent a material change in circumstances and subject to Rule 1.4 of these Rules, a lawyer may rely on such an advance authorization. The client may, however, revoke such authority at any time. - 11
[4] In a case in which the client appears to be suffering diminished capacity, the lawyer's duty to abide by the client's decisions is to be guided by reference to Rule 1.14 of these Rules. [5] Legal representation should not be denied to people who are unable to afford legal services, or whose cause is controversial, or the subject of popular disapproval. By the same token, representing a client does not constitute approval of the client’s views or activity. [6] The scope of services to be provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer's services are made available to the client. For example, representation provided through a legal aid agency may be subject to limitations on the types of cases the agency handles or, when a lawyer has been retained by an insurer to represent an insured, representation may be limited to matters related to the insurance coverage. In addition, the terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client’s objectives. Such limitations may exclude actions that the client thinks are too costly or the lawyer regards as repugnant or imprudent. [7] Although this Rule affords the lawyer and client substantial latitude to limit the representation, the limitation must be reasonable under the circumstances. If, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. Although an agreement for a limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. See Rule 1.1 of these Rules. [8] All agreements concerning a lawyer’s representation of a client must accord with the Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8, and 5.6 of these Rules. Where the client is a fiduciary, the lawyer may be charged with special obligations in dealing with a beneficiary. See, e.g., Rule 42 of the Hawai'i Probate Rules. Criminal, Fraudulent and Prohibited Transactions [9] Paragraph (d) prohibits a lawyer from knowingly counseling or assisting a client to commit a crime or fraud. This - 12
Page 1 and 2: Electronically Filed Supreme Court
Page 3 and 4: constitutional democracy depend on
Page 5 and 6: elationship shall be established. S
Page 7 and 8: information that the isolated lawye
Page 9 and 10: [5] Similar questions can also aris
Page 11: association with another lawyer wou
Page 15 and 16: Rule 1.3. DILIGENCE. A lawyer shall
Page 17 and 18: prior consultation. In such cases t
Page 19 and 20: (c) Contingency Fees; Requirements.
Page 21 and 22: assistance in the midst of a procee
Page 23 and 24: COMMENTS: [1] This Rule governs the
Page 25 and 26: een a substantial element in enabli
Page 27 and 28: jurisdiction requiring the lawyer t
Page 29 and 30: (3) the representation does not inv
Page 31 and 32: clients whose interests are only ec
Page 33 and 34: efore accepting the representation,
Page 35 and 36: Consent Confirmed in Writing [20] P
Page 37 and 38: of this Rule. Thus, the lawyer does
Page 39 and 40: epresentation should be fully expla
Page 41 and 42: (h) A lawyer shall not: (1) make an
Page 43 and 44: lawyer learns that a client intends
Page 45 and 46: [12] Sometimes it will be sufficien
Page 47 and 48: through the lawyer’s efforts in t
Page 49 and 50: multiple clients in a matter repres
Page 51 and 52: firm's clients. In contrast, anothe
Page 53 and 54: lawyer will not materially limit th
Page 55 and 56: from the provisions of Rule 1.11, i
Page 57 and 58: currently serving as an officer or
Page 59 and 60: Rule 1.12. FORMER JUDGE, ARBITRATOR
Page 61 and 62: (2) the lawyer reasonably believes
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matters, which the lawyer should en
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lawyer for the organization cannot
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Taking Protective Action [5] If a l
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solutions as soon as possible. Norm
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(6) Copies of records showing all p
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Lawyers should be mindful of their
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faith makes the entire practice, or
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Other Applicable Ethical Standards
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whether or not to undertake a new m
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to inform the client of forms of di
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is that as between commonly represe
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of the evaluation, particularly the
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lawyer's role as third-party neutra
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does not vouch for the evidence sub
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[10] The other resolution of the di
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(d) advise or cause a person to sec
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[2] The advocate's function is to p
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circumstances where counsel suspect
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(iii) the fact, time and place of a
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prejudicial statements have been pu
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Determining whether or not such a c
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equirements of this Rule therefore
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civil enforcement proceedings, wher
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(3) either reach agreement with the
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circumstances is a question of fact
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the ethical aspects of their employ
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from employing the services of para
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means. The variety of these activit
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(b) representing the client is like
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Rule 6.5. NONPROFIT AND COURT-ANNEX
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[3] An advertisement that truthfull
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public-relations personnel, busines
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already feel overwhelmed by the cir
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services. Lawyers who participate i
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in law practice is acceptable so lo
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(2) offer, agree to, attempt, negot
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[3] A lawyer may refuse to comply w
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amendments to the Hawaii Rules of Professional Conduct

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