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amendments to the Hawaii Rules of Professional Conduct

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(6) Copies <strong>of</strong> records showing all payments <strong>to</strong> at<strong>to</strong>rneys, investiga<strong>to</strong>rs,<br />

or o<strong>the</strong>r persons, not in <strong>the</strong> lawyer's regular employ, for services rendered or<br />

performed.<br />

(7) All checkbooks, check stubs, bank statements, prenumbered<br />

cancelled checks (or access <strong>to</strong> cancelled checks), and deposit slips (or access <strong>to</strong><br />

deposit slips).<br />

(8) Copies <strong>of</strong> all monthly trust account reconciliations.<br />

(9) Copies <strong>of</strong> all records showing at least quarterly (i) a listing <strong>of</strong> trust<br />

accounts (names and related balances), <strong>the</strong> grand <strong>to</strong>tal <strong>of</strong> which agrees with<br />

(equals) (ii) <strong>the</strong> reconciled trust account bank balance <strong>of</strong> even date (a printed<br />

copy <strong>of</strong> <strong>the</strong> listing and <strong>the</strong> reconciled trust account balance shall be maintained<br />

for 6 years).<br />

(10) A record showing all property, specifically identified, o<strong>the</strong>r than<br />

cash, held in trust, provided that routine files and documents which are not<br />

expected <strong>to</strong> be held indefinitely need not be so recorded.<br />

(h) The financial books and o<strong>the</strong>r records required by this rule shall be<br />

maintained on a cash method consistently applied from year <strong>to</strong> year.<br />

Bookkeeping records may be maintained by computer, provided that <strong>the</strong>y<br />

o<strong>the</strong>rwise comply with this rule and provided fur<strong>the</strong>r that printed copies can be<br />

made on demand. Bookkeeping records shall be located at <strong>the</strong> principal Hawai‘i<br />

<strong>of</strong>fice <strong>of</strong> each lawyer, law partnership, or pr<strong>of</strong>essional law corporation and shall<br />

be available for inspection, checks for compliance with this rule, and copying at<br />

that location by a duly authorized representative <strong>of</strong> <strong>the</strong> Office <strong>of</strong> Disciplinary<br />

Counsel.<br />

COMMENT:<br />

See Rule 1.5(a) for <strong>the</strong> fac<strong>to</strong>rs <strong>to</strong> be considered in<br />

determining <strong>the</strong> reasonableness <strong>of</strong> an earned at<strong>to</strong>rney's fee.<br />

Rule 1.16. DECLINING OR TERMINATING REPRESENTATION.<br />

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

client or, where representation has commenced, shall withdraw from <strong>the</strong><br />

representation <strong>of</strong> a client if:<br />

(1) <strong>the</strong> representation will result in violation <strong>of</strong> <strong>the</strong> <strong>Rules</strong> <strong>of</strong><br />

Pr<strong>of</strong>essional <strong>Conduct</strong> or o<strong>the</strong>r law;<br />

(2) <strong>the</strong> lawyer's physical or mental condition materially impairs <strong>the</strong><br />

lawyer's ability <strong>to</strong> represent <strong>the</strong> client; or<br />

(3) <strong>the</strong> lawyer is discharged.<br />

(b) Except as stated in paragraph (c), a lawyer may withdraw from<br />

representing a client if:<br />

(1) withdrawal can be accomplished without material adverse effect<br />

on <strong>the</strong> interests <strong>of</strong> <strong>the</strong> client;<br />

(2) <strong>the</strong> client persists in a course <strong>of</strong> action involving <strong>the</strong> lawyer's<br />

services that <strong>the</strong> lawyer reasonably believes is criminal or fraudulent;<br />

(3) <strong>the</strong> lawyer reasonably believes that <strong>the</strong> client has used <strong>the</strong> lawyer's<br />

services <strong>to</strong> perpetrate a crime or fraud;<br />

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