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amendments to the Hawaii Rules of Professional Conduct

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tradition associated with maritime commerce and <strong>the</strong> federal<br />

courts.<br />

[3] The Rule requires, inter alia, that a lawyer clearly<br />

state <strong>the</strong> name <strong>of</strong> <strong>the</strong> certifying organization and that <strong>the</strong><br />

Supreme Court <strong>of</strong> Hawai‘i certifies only those who have<br />

completed ABA accredited certification procedures. O<strong>the</strong>rwise,<br />

<strong>the</strong> consumer may be misled as <strong>to</strong> <strong>the</strong> significance <strong>of</strong> <strong>the</strong><br />

lawyer's status as a certified specialist. Since lawyer advertising<br />

through public media and written or recorded communications<br />

invites <strong>the</strong> greatest danger <strong>of</strong> misleading consumers, <strong>the</strong><br />

limitations <strong>of</strong> <strong>the</strong> certification process must be clearly stated in<br />

advertising that communicates <strong>the</strong> certification.<br />

Rule 7.5. FIRM NAMES AND LETTERHEADS.<br />

(a) A lawyer shall not use a firm name, letterhead or o<strong>the</strong>r<br />

pr<strong>of</strong>essional designation that violates Rule 7.1. A trade name may be used by a<br />

lawyer in private practice if it does not imply a connection with a government<br />

agency or with a public or charitable legal services organization and is not<br />

o<strong>the</strong>rwise in violation <strong>of</strong> Rule 7.1 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

(b) A law firm may use as, or continue <strong>to</strong> include in, its name <strong>the</strong><br />

name or names <strong>of</strong> one or more deceased or retired partners <strong>of</strong> <strong>the</strong> firm in a<br />

continuing line <strong>of</strong> succession; provided that where none <strong>of</strong> <strong>the</strong> names comprising<br />

a firm name is <strong>the</strong> name <strong>of</strong> a current partner who is on <strong>the</strong> list <strong>of</strong> active at<strong>to</strong>rneys<br />

maintained by <strong>the</strong> Hawai‘i State Bar, <strong>the</strong>re shall be at least one supervisor,<br />

manager, partner, or shareholder <strong>of</strong> <strong>the</strong> firm who is on <strong>the</strong> list <strong>of</strong> active at<strong>to</strong>rneys<br />

maintained by <strong>the</strong> bar.<br />

(c) A law firm with <strong>of</strong>fices in more than one jurisdiction may use <strong>the</strong><br />

same name or o<strong>the</strong>r pr<strong>of</strong>essional designation in each jurisdiction, but<br />

identification <strong>of</strong> <strong>the</strong> lawyers in an <strong>of</strong>fice <strong>of</strong> <strong>the</strong> firm shall indicate <strong>the</strong><br />

jurisdictional limitations on those not licensed <strong>to</strong> practice in <strong>the</strong> jurisdiction<br />

where <strong>the</strong> <strong>of</strong>fice is located.<br />

(d) The name <strong>of</strong> <strong>the</strong> lawyer holding a public <strong>of</strong>fice shall not be used in<br />

<strong>the</strong> name <strong>of</strong> a law firm, or in communications on its behalf, during any<br />

substantial period in which <strong>the</strong> lawyer is not actively and regularly practicing<br />

with <strong>the</strong> firm.<br />

(e) Lawyers may state or imply that <strong>the</strong>y practice in a partnership or<br />

o<strong>the</strong>r organization only when that is <strong>the</strong> fact.<br />

COMMENTS:<br />

[1] A firm may be designated by <strong>the</strong> names <strong>of</strong> all or<br />

some <strong>of</strong> its members, by <strong>the</strong> names <strong>of</strong> deceased members where<br />

<strong>the</strong>re has been a continuing succession in <strong>the</strong> firm's identity or<br />

by a trade name such as <strong>the</strong> "ABC Legal Clinic." A lawyer or<br />

law firm may also be designated by a distinctive website address<br />

or comparable pr<strong>of</strong>essional designation. Although <strong>the</strong> United<br />

States Supreme Court has held that legislation may prohibit <strong>the</strong><br />

use <strong>of</strong> trade names in pr<strong>of</strong>essional practice, use <strong>of</strong> such names<br />

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