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amendments to the Hawaii Rules of Professional Conduct

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established by <strong>the</strong> bar, <strong>the</strong> lawyer must comply with <strong>the</strong><br />

procedure when it is manda<strong>to</strong>ry, and, even when it is voluntary,<br />

<strong>the</strong> lawyer should conscientiously consider submitting <strong>to</strong> it. Law<br />

may prescribe a procedure for determining a lawyer's fee, for<br />

example, in representation <strong>of</strong> an execu<strong>to</strong>r or administra<strong>to</strong>r, a<br />

class, or a person entitled <strong>to</strong> a reasonable fee as part <strong>of</strong> <strong>the</strong><br />

measure <strong>of</strong> damages. The lawyer entitled <strong>to</strong> such a fee and a<br />

lawyer representing ano<strong>the</strong>r party concerned with <strong>the</strong> fee should<br />

comply with <strong>the</strong> prescribed procedure.<br />

Rule 1.6. CONFIDENTIALITY OF INFORMATION.<br />

(a) A lawyer shall not reveal confidential information relating <strong>to</strong> <strong>the</strong><br />

representation <strong>of</strong> a client unless <strong>the</strong> client consents after consultation, <strong>the</strong><br />

disclosure is impliedly authorized in order <strong>to</strong> carry out <strong>the</strong> representation, or as<br />

stated in paragraph (b) or (c).<br />

(b) A lawyer may reveal information relating <strong>to</strong> <strong>the</strong> representation <strong>of</strong> a<br />

client <strong>to</strong> <strong>the</strong> extent <strong>the</strong> lawyer reasonably believes necessary:<br />

(1) <strong>to</strong> prevent <strong>the</strong> client from committing a criminal or fraudulent act<br />

that <strong>the</strong> lawyer reasonably believes is likely <strong>to</strong> result in death or substantial<br />

bodily harm, or in substantial injury <strong>to</strong> <strong>the</strong> financial interests or property <strong>of</strong><br />

ano<strong>the</strong>r;<br />

(2) <strong>to</strong> rectify <strong>the</strong> consequences <strong>of</strong> a client’s act which <strong>the</strong> lawyer<br />

reasonably believes <strong>to</strong> have been criminal or fraudulent and in <strong>the</strong> fur<strong>the</strong>rance <strong>of</strong><br />

which <strong>the</strong> lawyer’s services had been used;<br />

(3) <strong>to</strong> secure legal advice about <strong>the</strong> lawyer’s compliance with <strong>the</strong>se<br />

<strong>Rules</strong>;<br />

(4) <strong>to</strong> establish a claim or defense on behalf <strong>of</strong> <strong>the</strong> lawyer in a<br />

controversy between <strong>the</strong> lawyer and <strong>the</strong> client, <strong>to</strong> establish a defense <strong>to</strong> a<br />

criminal charge or civil claim against <strong>the</strong> lawyer based upon conduct in which<br />

<strong>the</strong> client was involved, or <strong>to</strong> respond <strong>to</strong> allegations in any proceeding<br />

concerning <strong>the</strong> lawyer's representation <strong>of</strong> <strong>the</strong> client;<br />

(5) <strong>to</strong> prevent a public <strong>of</strong>ficial or public agency from committing a<br />

criminal or illegal act that a government lawyer reasonably believes is likely <strong>to</strong><br />

result in harm <strong>to</strong> <strong>the</strong> public good;<br />

(6) <strong>to</strong> rectify <strong>the</strong> consequences <strong>of</strong> a public <strong>of</strong>ficial’s or a public<br />

agency’s act which <strong>the</strong> government lawyer reasonably believes <strong>to</strong> have been<br />

criminal or illegal and harmful <strong>to</strong> <strong>the</strong> public good; or<br />

(7) <strong>to</strong> <strong>the</strong> extent strictly necessary <strong>to</strong> comply with o<strong>the</strong>r law, fiduciary<br />

obligations, or court orders.<br />

(c) A lawyer shall reveal information that clearly establishes a<br />

criminal or fraudulent act <strong>of</strong> <strong>the</strong> client in <strong>the</strong> fur<strong>the</strong>rance <strong>of</strong> which <strong>the</strong> lawyer’s<br />

services had been used, <strong>to</strong> <strong>the</strong> extent reasonably necessary <strong>to</strong> rectify <strong>the</strong><br />

consequences <strong>of</strong> such act, where <strong>the</strong> act has resulted in substantial injury <strong>to</strong> <strong>the</strong><br />

financial interests or property <strong>of</strong> ano<strong>the</strong>r.<br />

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