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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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…
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 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 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 It superseded Formal Opinion No. …
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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.