amendments to the Hawaii Rules of Professional Conduct

[4] Because the limited nature of the services
significantly reduces the risk of conflicts of interest with other
matters being handled by the lawyer’s firm, paragraph (b)
provides that Rule 1.10 is inapplicable to a representation
governed by this Rule except as provided by paragraph (a)(2).
Paragraph (a)(2) requires the participating lawyer to comply
with Rule 1.10 when the lawyer knows that the lawyer’s firm is
disqualified by Rules 1.7 or 1.9(a). By virtue of paragraph (b),
however, a lawyer’s participation in a short-term limited legal
services program will not preclude the lawyer’s firm from
undertaking or continuing the representation of a client with
interests adverse to a client being represented under the
program’s auspices. Nor will the personal disqualification of a
lawyer participating in the program be imputed to other lawyers
participating in the program.
[5] If, after commencing short-term limited
representation in accordance with this Rule, a lawyer
undertakes to represent the client in the matter on an ongoing
basis, Rules 1.7, 1.9(a) and 1.10 become applicable.
Rule 7.1. COMMUNICATIONS CONCERNING A LAWYER'S
SERVICES.
A lawyer shall not make a false or misleading communication about the
lawyer or the lawyer's services. A communication is false or misleading if it:
(a) contains a material misrepresentation of fact or law, or omits a fact
necessary to make the statement considered as a whole not materially
misleading;
(b) is likely to create an unjustified expectation about results the
lawyer can achieve, or states or implies that the lawyer can achieve results by
means that violate the Rules of Professional Conduct or other law; or
(c) compares the lawyer's services with other lawyer's services, unless
the comparison can be factually substantiated.
COMMENTS:
[1] This Rule governs all communications about a
lawyer's services, including advertising permitted by Rule 7.2 of
these Rules. Whatever means are used to make known a
lawyer's services, statements about them should be truthful.
[2] Truthful statements that are misleading are also
prohibited by this Rule. A truthful statement is misleading if it
omits a fact necessary to make the lawyer’s communication
considered as a whole not materially misleading. A truthful
statement is also misleading if there is a substantial likelihood
that it will lead a reasonable person to formulate a specific
conclusion about the lawyer or the lawyer’s services for which
there is not reasonable factual foundation.
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