HI Bar - Hawaii Bar Hawaii Rules of Conduct Questions and Answers

Question 1

An attorney in Honolulu represents the buyer and seller in a single real estate transaction.
The parties' interests are not directly adverse, but there is a significant risk that the attorney's representation of one will be materially limited by her responsibilities to the other.
Under the Hawaii Rules of Professional Conduct (HRPC), what is the MINIMUM requirement for the attorney to continue with this concurrent representation?

Accepted Answer

The attorney reasonably believes she can provide competent representation, and both clients give informed consent, confirmed in writing.

Answer

The attorney reasonably believes she can provide competent and diligent representation to both clients.

Answer

Both clients provide verbal consent after the attorney explains the potential conflict.

Answer

The attorney obtains a waiver from the Hawaii State Bar Association's Office of Disciplinary Counsel.

Question 2

A lawyer in Hilo receives a $5,000 retainer from a new client for a civil litigation matter. According to the HRPC, where must the lawyer initially deposit these funds?

Accepted Answer

In a separate, interest-bearing client trust account (IOLTA).

Answer

In the firm's general operating account, to be transferred to a trust account once the first bill is issued.

Answer

In a personal savings account, as long as detailed records are kept.

Answer

The funds may be used immediately to cover initial case expenses and filing fees.

Question 3

During a bench trial in Maui Circuit Court, an attorney's client provides testimony that the attorney knows to be false. According to HRPC 3.3, Candor Toward the Tribunal, what is the attorney's primary duty?

Accepted Answer

Take reasonable remedial measures, which may include disclosure to the court if necessary.

Answer

Immediately move to withdraw from the representation without providing a reason to the court.

Answer

Disregard the false testimony to protect the client's confidentiality under HRPC 1.6.

Answer

Anonymously report the client's perjury to the Office of Disciplinary Counsel after the trial concludes.

Question 4

Which of the following forms of communication by a Hawaii attorney is most likely to be an improper solicitation under the HRPC?

Accepted Answer

Sending a direct, private message via social media to a specific person recently identified in a news article as having been injured in an accident, offering legal services.

Answer

A television commercial advertising the attorney's services in personal injury cases.

Answer

A website blog post discussing recent changes in Hawaii landlord-tenant law.

Answer

Mailing a general informational brochure about the firm's practice areas to local businesses.

Question 5

An attorney represents a client in a business negotiation. During a confidential consultation, the client calmly and credibly states, 'If this deal falls through, I'm going to cause a serious accident for the other party.' The attorney reasonably believes the client has the intent and capability to cause substantial bodily harm. Under HRPC 1.6, what is the attorney permitted to do?

Accepted Answer

The attorney may reveal the information to the extent the attorney reasonably believes necessary to prevent the harm.

Answer

The attorney must remain silent due to the absolute duty of confidentiality.

Answer

The attorney must immediately report the threat to the police.

Answer

The attorney may only reveal the information if the client consents after consultation.

Question 6

Which of the following is NOT a factor a Hawaii court would consider when determining if an attorney's fee is reasonable under HRPC 1.5?

Accepted Answer

The client's ability to pay the fee.

Answer

The experience, reputation, and ability of the lawyer performing the services.

Answer

The fee customarily charged in the locality for similar legal services.

Answer

The time and labor required, and the novelty and difficulty of the questions involved.