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…
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 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…
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…
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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.