Disciplinary Board of the Hawaii Supreme Court Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Disciplinary Board of the Hawaii Supreme Court, with full citations and source links on every page.
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What are a volunteer lawyer's ethical duties when giving free legal help at a self-help center, Access to Justice Room, or Law Day table?
The opinion concludes that volunteer attorneys at self-help centers, Access to Justice Rooms, and Law Day events must follow the Hawaii Rules: tell people the scope is limited (HRPC 1.2(c) and 7.1), k…
Can a lawyer accept a referral fee from a non-lawyer for sending the client to that person's services or products?
The opinion concludes that an attorney acting as a lawyer for a client is prohibited from accepting a fee from a non-lawyer third party for referring the client to that third party's non-legal goods o…
Can a Hawaii lawyer accept credit card payments for fees, and how must trust and earned funds be separated?
The opinion concludes that a lawyer may accept credit cards for legal fees and expenses, but unearned retainers and flat fees must go intact into a trust account while earned fees may not, so the lawy…
When can a lawyer or firm use the title 'of counsel' on letterhead, cards, and ads?
The opinion concludes that using the title 'of counsel' (and variants such as 'special counsel,' 'tax counsel,' or 'senior counsel') is permissible only where the relationship between the lawyer or fi…
Can a lawyer employed by an insurance company use a firm name that makes the practice look like an independent law firm?
The opinion concludes that an attorney who is an employee of an insurance company may not use a firm name, letterhead, or designation that states or implies an independent law firm; doing so violates …
Are a lawyer's website, domain name, and email subject to the advertising rules, and can a lawyer email prospective clients?
The opinion concludes that communications about a lawyer's services on a web site are advertising and are subject to HRPC 7.1, 7.2, 7.4, and 7.5, covering domain names, web and email addresses, banner…
When can a lawyer disclose a deceased client's confidential information?
The opinion concludes that an attorney may disclose a deceased client's confidential information when the disclosure is impliedly authorized to carry out the representation, for example, where the att…
Can an insurance defense lawyer follow the insurer's litigation and billing guidelines?
The opinion concludes that an insurer's billing or litigation guidelines that form part of the contract with defense counsel are ethically impermissible if adherence interferes with the attorney's exe…
Can a lawyer help a client get a loan to pay the lawyer's fees and litigation costs?
The opinion concludes that an attorney may refer a client to a lender for legal fees and costs, and may give substantial assistance in arranging such financing, provided the credit charges are not usu…
Can a lawyer hold a client's papers and property as a retaining lien until unpaid fees are paid?
The opinion concludes that, until retaining liens are explicitly recognized by Hawaii law, a lawyer's assertion of a retaining lien against a client's or former client's papers and property would viol…
Can a lawyer or law firm give a holiday gift or a loan to a judge or court employee?
The opinion concludes that it is improper for an attorney or law firm to give a gift or lend anything to a judge, court official, or court employee if acceptance is prohibited by law or would appear t…
Can a law firm share office space and a receptionist with a non-lawyer such as a CPA?
The opinion concludes that a law firm or attorney may sublet part of its offices to non-lawyers, and share reception and secretarial services on a cost basis, provided the non-lawyer does not solicit …
Is a public defender's office treated as a single firm for conflict-imputation purposes?
The opinion concluded that, for purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender or Federal Public Defender is a firm within the meaning of HRPC 1.10(a…
Can a lawyer mark up the rate of a contract attorney billed to the client without telling the client?
The opinion concluded that because a contract attorney is not an employee of the firm, the engaging lawyer must disclose, preferably in writing, that a contract attorney will work on the case as an in…
Does the no-contact rule apply to a lawyer who is representing himself and the opposing party has counsel?
The opinion concluded that a lawyer who is a party proceeding pro se is still bound by HRPC 4.2 and cannot communicate directly about the subject of the representation with another person known to be …
Can a lawyer email confidential client information over the Internet without encryption?
The opinion concluded that an attorney may transmit information about a client by encrypted or unencrypted email over the Internet without violating HRPC 1.6(a), because email affords a reasonable exp…
Can insurance defense counsel send the insured's confidential information or billing records to the insurer's outside auditors?
The opinion concluded that defense counsel may give confidential information to an insurer that has a duty to defend so long as it is not circulated further, but may not send it to third persons, incl…
Can a lawyer charge interest on a client's unpaid balance for legal fees or costs?
The opinion concluded that an attorney may ethically charge interest on unpaid balances for legal services rendered or costs incurred, to the extent permitted by law. It superseded Formal Opinion No. …
Can a lawyer donate legal services to be auctioned at a charity fundraiser, and on what conditions?
The opinion concluded that a lawyer may donate legal services to a charity or nonprofit to be auctioned to the highest bidder, provided the lawyer is competent in the donated service, the service and …
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Legal ethics opinions from the Disciplinary Board of the Hawaii Supreme Court interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.