amendments to the Hawaii Rules of Professional Conduct

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Basis or Rate of Fee [2] When the lawyer has regularly represented a client, they ordinarily will have evolved an understanding concerning the basis or rate of the fee, and the expenses for which the client will be responsible. In a new client-lawyer relationship, however, an understanding as to the fee and expenses must be promptly established. Generally, it is desirable to furnish the client with at least a simple memorandum or a copy of the lawyer’s customary fee arrangements that states the general nature of the legal services to be provided; the basis, rate, or total amount of the fee; and whether and to what extent the client will be responsible for any costs, expenses, or disbursements in the course of the representation. When developments occur that render an earlier estimate substantially inaccurate, a revised estimate should be provided to the client. A written statement concerning the terms of the engagement reduces the possibility of misunderstanding. [3] Contingent fees, like any other fees, are subject to the reasonableness standard of paragraph (a) of this Rule. In determining whether a particular contingent fee is reasonable, or whether it is reasonable to charge any form of contingent fee, a lawyer must consider the factors that are relevant under the circumstances. Applicable law may impose limitations on contingent fees, such as a ceiling on the percentage allowable, or may require a lawyer to offer clients an alternative basis for the fee. Applicable law also may apply to situations other than a contingent fee, for example, government regulations regarding fees in certain tax matters. Terms of Payment [4] A lawyer may require advance payment of a fee, but is obliged to return any unearned portion. See Rule 1.16(d) of these Rules. A lawyer may accept property in payment for services, such as an ownership interest in an enterprise, providing this does not involve acquisition of a proprietary interest in the cause of action or subject matter of the litigation contrary to Rule 1.8(i) of these Rules. However, a fee paid in property instead of money may be subject to the requirements of Rule 1.8(a) of these Rules because such fees often have the essential qualities of a business transaction with the client. [5] An agreement may not be made whose terms might induce the lawyer improperly to curtail services for the client or perform them in a way contrary to the client's interest. For example, a lawyer should not enter into an agreement whereby services are to be provided only up to a stated amount when it is foreseeable that more extensive services probably will be required, unless the situation is adequately explained to the client. Otherwise, the client might have to bargain for further - 19
assistance in the midst of a proceeding or transaction. However, it is proper to define the extent of services in light of the client's ability to pay. A lawyer should not exploit a fee arrangement based primarily on hourly charges by using wasteful procedures. When there is doubt whether a contingent fee is consistent with the client’s best interest, the lawyer should offer the client alternative bases for the fee and explain their implications. Applicable law may impose limitations on contingent fees, such as Haw. Rev. Stat. § 607-15.5. Contingency fee agreements may be proper in proceedings to enforce or satisfy a judgment for property distribution or past due alimony or child support. Prohibited Contingent Fees [6] Paragraph (d) prohibits a lawyer from charging a contingent fee in a domestic relations matter when payment is contingent upon the securing of a divorce or upon the amount of alimony or support or property settlement to be obtained. This provision does not preclude a contract for a contingent fee for legal representation in connection with the recovery of postjudgment balances due under support, alimony, or other financial orders because such contracts do not implicate the same policy concerns. Division of Fee [7] A division of fee is a single billing to a client covering the fee of two or more lawyers who are not in the same firm. A division of fee facilitates association of more than one lawyer in a matter in which neither alone could serve the client as well, and most often is used when the fee is contingent and the division is between a referring lawyer and a trial specialist. Paragraph (e) does not require disclosure to the client of the share that each lawyer is to receive, though contingent fee agreements must be in a writing signed by the client and must otherwise comply with paragraph (c) of this Rule. Joint responsibility for the representation entails financial and ethical responsibility for the representation as if the lawyers were associated in a partnership. See Rule 5.1 of these Rules. A lawyer should refer a matter only to a lawyer the referring lawyer reasonably believes is competent to handle the matter. See Rule 1.1 of these Rules. [8] Paragraph (e) does not prohibit or regulate division of fees to be received in the future for work done when lawyers were previously associated in a law firm. Disputes over Fees [9] If a procedure has been established for resolution of fee disputes, such as an arbitration or mediation procedure - 20
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 and 12: association with another lawyer wou
Page 13 and 14: [4] In a case in which the client a
Page 15 and 16: Rule 1.3. DILIGENCE. A lawyer shall
Page 17 and 18: prior consultation. In such cases t
Page 19: (c) Contingency Fees; Requirements.
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
Page 63 and 64: matters, which the lawyer should en
Page 65 and 66: lawyer for the organization cannot
Page 67 and 68: Taking Protective Action [5] If a l
Page 69 and 70: 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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