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 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 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…
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 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 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.