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amendments to the Hawaii Rules of Professional Conduct

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lawyer and <strong>the</strong> client have not agreed that <strong>the</strong> lawyer will<br />

handle <strong>the</strong> matter on appeal, <strong>the</strong> lawyer must consult with <strong>the</strong><br />

client about <strong>the</strong> possibility <strong>of</strong> appeal before relinquishing<br />

responsibility for <strong>the</strong> matter. See Rule 1.4(a)(2) <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

Whe<strong>the</strong>r <strong>the</strong> lawyer is obligated <strong>to</strong> prosecute <strong>the</strong> appeal for <strong>the</strong><br />

client depends on <strong>the</strong> scope <strong>of</strong> <strong>the</strong> representation <strong>the</strong> lawyer has<br />

agreed <strong>to</strong> provide <strong>to</strong> <strong>the</strong> client. See Rule 1.2 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

Rule 1.4. COMMUNICATION.<br />

(a) A lawyer shall:<br />

(1) promptly inform <strong>the</strong> client <strong>of</strong> any decision or circumstance with<br />

respect <strong>to</strong> which <strong>the</strong> client's consent after consultation, as defined in Rule 1.0(c),<br />

is required by <strong>the</strong>se <strong>Rules</strong>;<br />

(2) reasonably consult with <strong>the</strong> client about <strong>the</strong> means by which <strong>the</strong><br />

client's objectives are <strong>to</strong> be accomplished;<br />

(3) keep <strong>the</strong> client reasonably informed about <strong>the</strong> status <strong>of</strong> <strong>the</strong> matter;<br />

(4) promptly comply with reasonable requests for information;<br />

(5) consult with <strong>the</strong> client about any relevant limitation on <strong>the</strong><br />

lawyer's conduct when <strong>the</strong> lawyer knows that <strong>the</strong> client expects assistance not<br />

permitted by <strong>the</strong> <strong>Rules</strong> <strong>of</strong> Pr<strong>of</strong>essional <strong>Conduct</strong> or o<strong>the</strong>r law; and<br />

(6) promptly inform <strong>the</strong> client <strong>of</strong> a written <strong>of</strong>fer <strong>of</strong> settlement in a civil<br />

controversy or a pr<strong>of</strong>fered plea bargain in a criminal case which <strong>the</strong> lawyer<br />

receives.<br />

(b) A lawyer shall explain a matter <strong>to</strong> <strong>the</strong> extent reasonably necessary<br />

<strong>to</strong> permit <strong>the</strong> client <strong>to</strong> make informed decisions regarding <strong>the</strong> representation.<br />

COMMENTS:<br />

[1] Reasonable communication between <strong>the</strong> lawyer and<br />

<strong>the</strong> client is necessary for <strong>the</strong> client effectively <strong>to</strong> participate in<br />

<strong>the</strong> representation.<br />

Communicating with Client<br />

[2] If <strong>the</strong>se <strong>Rules</strong> require that a particular decision about <strong>the</strong><br />

representation be made by <strong>the</strong> client, such as when a lawyer receives an<br />

<strong>of</strong>fer <strong>of</strong> a settlement in a civil controversy or is pr<strong>of</strong>fered a plea bargain<br />

in a criminal case, paragraph (a)(1) requires that <strong>the</strong> lawyer promptly<br />

inform <strong>the</strong> client <strong>of</strong> its substance and secure <strong>the</strong> client’s consent prior <strong>to</strong><br />

taking action, unless prior discussions with <strong>the</strong> client have left it clear<br />

that <strong>the</strong> proposal will be unacceptable. See Rule 1.2(a) <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

[3] Paragraph (a)(2) requires <strong>the</strong> lawyer <strong>to</strong> reasonably<br />

consult with <strong>the</strong> client about <strong>the</strong> means <strong>to</strong> be used <strong>to</strong> accomplish<br />

<strong>the</strong> client's objectives. In some situations – depending on both<br />

<strong>the</strong> importance <strong>of</strong> <strong>the</strong> action under consideration and <strong>the</strong><br />

feasibility <strong>of</strong> consulting with <strong>the</strong> client – this duty will require<br />

consultation prior <strong>to</strong> taking action. In o<strong>the</strong>r circumstances, such<br />

as during a trial when an immediate decision must be made, <strong>the</strong><br />

exigency <strong>of</strong> <strong>the</strong> situation may require <strong>the</strong> lawyer <strong>to</strong> act without<br />

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