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amendments to the Hawaii Rules of Professional Conduct

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services. Lawyers who participate in a legal service plan must<br />

reasonably assure that <strong>the</strong> plan sponsors are in compliance with<br />

<strong>Rules</strong> 7.1, 7.2, 7.3(b), and 7.3(e) <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>. See Rule 8.4(a)<br />

<strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

Rule 7.4. COMMUNICATION OF FIELDS OF PRACTICE AND<br />

CERTIFICATION.<br />

(a) A lawyer may communicate <strong>the</strong> fact that <strong>the</strong> lawyer does or does<br />

not practice in particular fields <strong>of</strong> law.<br />

(b) A lawyer admitted <strong>to</strong> engage in patent practice before <strong>the</strong> United<br />

States Patent and Trademark Office may use <strong>the</strong> designation “Patent At<strong>to</strong>rney”<br />

or a substantially similar designation.<br />

(c) A lawyer engaged in Admiralty practice may use <strong>the</strong> designation<br />

"Admiralty," "Proc<strong>to</strong>r in Admiralty," or a substantially similar designation.<br />

(d) A lawyer may communicate <strong>the</strong> fact that <strong>the</strong> lawyer is certified as<br />

a specialist in a field <strong>of</strong> law by a named organization, provided that <strong>the</strong><br />

communication<br />

(1) is not false or misleading within <strong>the</strong> meaning <strong>of</strong> Rule 7.1 <strong>of</strong> <strong>the</strong>se<br />

<strong>Rules</strong>,<br />

(2) clearly states <strong>the</strong> name <strong>of</strong> <strong>the</strong> certifying organization, and;<br />

(3) is accompanied by a statement that “The Supreme Court <strong>of</strong><br />

Hawai‘i grants Hawai‘i certification only <strong>to</strong> lawyers in good standing who have<br />

successfully completed a specialty program accredited by <strong>the</strong> American Bar<br />

Association.”<br />

COMMENTS:<br />

[1] This Rule permits a lawyer <strong>to</strong> indicate areas <strong>of</strong><br />

practice in communications about <strong>the</strong> lawyer's services. If a<br />

lawyer practices only in certain fields, or will not accept matters<br />

in a specified field or fields, <strong>the</strong> lawyer is permitted <strong>to</strong> so<br />

indicate. Language indicating that a lawyer "concentrates in,"<br />

"practices primarily in," "emphasizes," or "limits practice <strong>to</strong>"<br />

certain law areas is permitted. In addition, a lawyer is generally<br />

permitted <strong>to</strong> state that <strong>the</strong> lawyer is a "specialist," practices a<br />

"specialty," or "specializes in" particular fields, but such<br />

communications are subject <strong>to</strong> <strong>the</strong> "false and misleading"<br />

standard applied in Rule 7.1 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong> <strong>to</strong> communications<br />

concerning a lawyer's services. However, a lawyer may not<br />

communicate that <strong>the</strong> lawyer is recognized or certified as a<br />

specialist in a particular field <strong>of</strong> law, except as provided by this<br />

Rule and by Rule 1.13 <strong>of</strong> <strong>the</strong> <strong>Rules</strong> <strong>of</strong> <strong>the</strong> Supreme Court <strong>of</strong> <strong>the</strong><br />

State <strong>of</strong> Hawai'i.<br />

[2] Recognition <strong>of</strong> specialization in patent matters is a<br />

matter <strong>of</strong> long-established policy <strong>of</strong> <strong>the</strong> Patent and Trademark<br />

Office, as reflected in paragraph (b). Paragraph (c) recognizes<br />

that designation <strong>of</strong> admiralty practice has a long his<strong>to</strong>rical<br />

- 128 ­

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