amendments to the Hawaii Rules of Professional Conduct

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multiple clients is improper when it is unlikely that impartiality can be maintained. Generally, if the relationship between the parties has already assumed antagonism, the possibility that the clients’ interests can be adequately served by common representation is not very good. Other relevant factors are whether the lawyer subsequently will represent both parties on a continuing basis and whether the situation involves creating or terminating a relationship between the parties. [30] A particularly important factor in determining the appropriateness of common representation is the effect of such representation on client-lawyer confidentiality and the clientlawyer privilege. The prevailing Rule is that, between commonly represented clients, the privilege of client-lawyer confidentiality does not attach. Hence, it must be assumed that if litigation does arise between the clients, the privilege will not protect any previous communications with the lawyer. Clients should be so advised before being asked to consent to common representation. [31] As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client information relevant to the common representation. This is so because the lawyer has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client’s interests and the right to expect that the lawyer will use that information to that client’s benefit. See Rule 1.4 of these Rules. The lawyer should, at the outset of the common representation and as part of the process of obtaining each client’s valid consent after consultation, advise each client that information will be shared and that the lawyer will have to withdraw if one client decides that some matter material to the representation should be kept from the other. In limited circumstances, it may be appropriate for the lawyer to proceed with the representation when the clients have agreed, after being properly informed, that the lawyer will keep certain information confidential. For example, the lawyer may reasonably conclude that the failure to disclose one client’s trade secrets to another client will not adversely affect representation involving a joint venture between the clients and agree to keep that information confidential with the valid consent, after consultation, of both clients. [32] When seeking to establish or adjust a relationship between the clients, the lawyer should make clear that the lawyer’s role is not that of partisanship normally expected in other circumstances and, thus, that the clients may be required to assume greater responsibility for decisions than when each client is separately represented. Any limitations on the scope of the representation made necessary as a result of the common - 37
epresentation should be fully explained to the clients at the outset of the representation. See Rule 1.2(c) of these Rules. [33] Subject to the above limitations, each client in the common representation has the right to loyal and diligent representation and the protection of Rule 1.9 concerning the obligations to a former client. The client also has the right to discharge the lawyer as stated in Rule 1.16 of these Rules. Organizational Clients [34] A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or a subsidiary. See Rule 1.13(a) of these Rules. Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid representation adverse to the client’s affiliates, or the lawyer’s obligations to either the organizational client or the new client are likely to limit materially the lawyer’s representation of the other client. [35] A lawyer for a corporation or other organization who is also a member of its board of directors should determine whether the responsibilities of the two roles may conflict. The lawyer may be called upon to advise the corporation in matters involving actions of the directors. Consideration should be given to the frequency with which such situations may arise, the potential intensity of the conflict, the effect of the lawyer’s resignation from the board, and the possibility of the corporation’s obtaining legal advice from another lawyer in such situations. If there is material risk that the dual role will compromise the lawyer’s independence of professional judgment, the lawyer should not serve as a director or should cease to act as the corporation’s lawyer when conflicts of interest arise. The lawyer should advise the other members of the board that in some circumstances matters discussed at board meetings while the lawyer is present in the capacity of director might not be protected by the client-lawyer privilege and that conflict of interest considerations might require the lawyer’s recusal as a director or might require the lawyer and the lawyer’s firm to decline representation of the corporation in a matter. - 38
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 and 20: (c) Contingency Fees; Requirements.
Page 21 and 22: assistance in the midst of a procee
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: of this Rule. Thus, the lawyer does
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
Page 71 and 72: (6) Copies of records showing all p
Page 73 and 74: Lawyers should be mindful of their
Page 75 and 76: faith makes the entire practice, or
Page 77 and 78: Other Applicable Ethical Standards
Page 79 and 80: whether or not to undertake a new m
Page 81 and 82: to inform the client of forms of di
Page 83 and 84: is that as between commonly represe
Page 85 and 86: of the evaluation, particularly the
Page 87 and 88: 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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