Conflicts of interest are a relatively common issue in Hawaiʻi, particularly given the small size of the Hawaiʻi Bar. A number of rules or guidelines have been promulgated to assist attorneys in dealing with this issue when it arises. For example:
GENERAL RULE(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and(2) each client consents after consultation.(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests, unless:(1) the lawyer reasonably believes the representation will not be adversely affected; and(2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.[Adopted effective January 1, 1994.]
Canon 2 A law clerk shall not engage in any activities that would put into question the propriety of the law clerk's conduct in carrying out the duties of the office. A law clerk shall not allow family, social or other relationships to influence official conduct or judgment.Canon 3 F. A law clerk shall inform the appointing justice or judge of any circumstance or activity of the law clerk that might serve as a basis for disqualification of the justice or judge, e.g., a future employment relation with a law firm, association of the law clerk's spouse with a law firm or litigant, etc. [Adopted March 13,1981; consolidated and remained January 1, 1996]
In order to avoid even the appearance of impropriety, complete and submit this form BEFORE entering into a Externship Memorandum of Agreement.
This form is CONFIDENTIAL and will generate an email to your mentor.