Can a lawyer donate legal services to be auctioned at a charity fundraiser, and on what conditions?
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This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current Hawaii Rules of Professional Conduct, with citations.
Plain-English summary
The opinion responded to an inquiry about whether a lawyer may donate legal services to a charitable organization or nonprofit corporation to be auctioned at fund-raising promotions. It concluded that a lawyer may do so, donating services to be auctioned to the highest bidder, subject to four conditions.
The conditions were: (a) only services for which the lawyer has the requisite competence are donated; (b) the donated services and the identity of the lawyer who will perform them must be clearly designated at the auction (the opinion gives the example "preparation of a will by John Doe, Esq."); (c) the lawyer retains the right to decline to provide the donated services in the event of a conflict of interest or similar cause, in which case the lawyer must ensure that any auction bid paid by the prospective client is promptly refunded by the charity, the nonprofit, or the lawyer; and (d) the lawyer takes steps to ensure that communications or advertisements about the auction accurately describe the donated services and the lawyer's identity and are not false, fraudulent, misleading, or deceptive.
The opinion noted that the Board does not pass upon legal issues, such as whether the auction of legal services as part of fund-raising promotions is legal, and stated that if such conduct is illegal then it is unethical. It overruled IAL 251 (1978) to the extent inconsistent.
Currency note
This opinion was issued in 1992, before the Hawaii Supreme Court's adoption of the current Hawaii Rules of Professional Conduct (the HRPC took effect in 1994 and were substantially revised in 2014). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a Hawaii lawyer donate legal services to a charity auction?
A: The opinion concluded that a lawyer may donate legal services to a charitable organization or nonprofit to be auctioned to the highest bidder, subject to its stated conditions.
Q: What happens if the winning bidder presents a conflict of interest?
A: Per the opinion, the lawyer retains the right to decline the donated services for a conflict or similar cause, and must then ensure the auction bid is promptly refunded by the charity, the nonprofit, or the lawyer.
Q: How must the auctioned service be advertised?
A: The opinion concluded that communications or advertisements must accurately describe the donated services and the lawyer's identity and must not be false, fraudulent, misleading, or deceptive.
Citations and references
Other opinions cited:
- IAL 251 (1978): overruled to the extent inconsistent with this opinion.
See also
- Hawaii Ethics Op. 50: Volunteer Legal Services
- Hawaii Ethics Op. 41: Attorney Web Sites and Other Electronic Advertising
Source
- Landing page: https://dbhawaii.org/legal-ethics-advice-for-hawaii-lawyers/
- Original PDF: https://dbhawaii.org/wp-content/uploads/FO_31_-_DONATING_LEGAL_SERVICES_TO_A_CHARITABLE_ORGANIZATION.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
Office of Disciplinary Counsel
Supreme Court, State of Hawaii
1164 Bishop Street, Suite 600
Honolulu, Hawaii 96813
Telephone (808) 521-4591
FORMAL OPINION NO. 31
Inquiry has been made concerning the ethical propriety of a lawyer donating legal services to a charitable organization or nonprofit corporation to be auctioned at fund-raising promotions.
A lawyer may donate his or her legal services to a charitable cause or nonprofit corporation, to be auctioned to the highest bidder in fund-raising promotions, provided that:
(a) only services for which the lawyer has the requisite competence are donated;
(b) the legal services donated and the identity of the lawyer who will perform the services must be clearly designated at the auction (for example, "preparation of a will by John Doe, Esq.");
(c) the lawyer retains the right to decline his or her provision of the donated services in the event of a conflict of interest or for similar cause, in which event the lawyer must take steps to ensure that any auction bid paid by the prospective client is promptly refunded by the charitable organization, nonprofit corporation, or by the lawyer; and
(d) the lawyer takes steps to ensure that communications or advertisements regarding the auction (i) accurately describe the donated legal services and the identity of the lawyer who will perform the services, and (ii) are not false, fraudulent, misleading or deceptive.
The Board does not, of course, pass upon legal issues, such as whether the auction of legal services by charitable organizations or nonprofit corporations as part of fund-raising promotions is legal. If such conduct is illegal, then it is, of course, unethical.
To the extent that IAL 251 (1978) is inconsistent with this opinion, it is overruled.
DATED: Honolulu, Hawaii, May 28, 1992.
Helen Gillmor
Chairperson, Disciplinary Board
Gerald H. Kibe
Chief Disciplinary Counsel
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