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amendments to the Hawaii Rules of Professional Conduct

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or who are subject <strong>to</strong> <strong>the</strong> lawyer's supervision. See <strong>Rules</strong> 1.1, 5.1<br />

and 5.3 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

[19] When transmitting a communication that includes<br />

information relating <strong>to</strong> <strong>the</strong> representation <strong>of</strong> a client, <strong>the</strong> lawyer<br />

must take reasonable precautions <strong>to</strong> prevent <strong>the</strong> information<br />

from coming in<strong>to</strong> <strong>the</strong> hands <strong>of</strong> unintended recipients. This duty,<br />

however, does not require that <strong>the</strong> lawyer use special security<br />

measures if <strong>the</strong> method <strong>of</strong> communication affords a reasonable<br />

expectation <strong>of</strong> privacy. Special circumstances may warrant<br />

special precautions. Fac<strong>to</strong>rs <strong>to</strong> be considered in determining<br />

<strong>the</strong> reasonableness <strong>of</strong> <strong>the</strong> lawyer’s expectation <strong>of</strong> <strong>the</strong> recipient<br />

maintaining confidentiality include <strong>the</strong> sensitivity <strong>of</strong> <strong>the</strong><br />

information and <strong>the</strong> extent <strong>to</strong> which <strong>the</strong> privacy <strong>of</strong> <strong>the</strong><br />

communication is protected by law or by a confidentiality<br />

agreement. A client may require <strong>the</strong> lawyer <strong>to</strong> implement<br />

reasonable additional security measures not required by this<br />

Rule, <strong>the</strong> cost for which would be borne as determined by<br />

agreement between <strong>the</strong> client and <strong>the</strong> at<strong>to</strong>rney. The client may<br />

also give consent, after consultation, <strong>to</strong> <strong>the</strong> use <strong>of</strong> a means <strong>of</strong><br />

communication that would o<strong>the</strong>rwise be prohibited by <strong>the</strong> Rule.<br />

Former Client<br />

[20] The duty <strong>of</strong> confidentiality continues after <strong>the</strong> clientlawyer<br />

relationship has terminated. See Rule 1.9(c)(2) <strong>of</strong> <strong>the</strong>se<br />

<strong>Rules</strong>. See Rule 1.9(c)(1) for <strong>the</strong> prohibition against using such<br />

information <strong>to</strong> <strong>the</strong> disadvantage <strong>of</strong> <strong>the</strong> former client.<br />

Organization as Client<br />

[21] Where <strong>the</strong> client is an organization, <strong>the</strong> disclosures<br />

in this Rule work in conjunction with Rule 1.13 <strong>of</strong> <strong>the</strong>se <strong>Rules</strong>.<br />

Rule 1.7. CONFLICT OF INTEREST: GENERAL RULE.<br />

(a) Except as provided in paragraph (b), a lawyer shall not represent a<br />

client if <strong>the</strong> representation involves a concurrent conflict <strong>of</strong> interest. A<br />

concurrent conflict <strong>of</strong> interest exists if:<br />

(1) <strong>the</strong> representation <strong>of</strong> one client will be directly adverse <strong>to</strong> ano<strong>the</strong>r<br />

client; or<br />

(2) <strong>the</strong>re is a significant risk that <strong>the</strong> representation <strong>of</strong> one or more<br />

clients will be materially limited by <strong>the</strong> lawyer’s responsibilities <strong>to</strong> ano<strong>the</strong>r<br />

client, a former client, or a third person, or by a personal interest <strong>of</strong> <strong>the</strong> lawyer.<br />

(b) Notwithstanding <strong>the</strong> existence <strong>of</strong> a concurrent conflict <strong>of</strong> interest<br />

under paragraph (a), a lawyer may represent a client if:<br />

(1) <strong>the</strong> lawyer reasonably believes that <strong>the</strong> lawyer will be able <strong>to</strong><br />

provide competent and diligent representation <strong>to</strong> each affected client;<br />

(2) <strong>the</strong> representation is not prohibited by law;<br />

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