Bill Text: HI SB1010 | 2015 | Regular Session | Amended
Bill Title: Unauthorized Practice of Law; Pro Hac Vice
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2015-04-06 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB1010 Detail]
Download: Hawaii-2015-SB1010-Amended.html
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THE SENATE |
S.B. NO. |
1010 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE UNAUTHORIZED PRACTICE OF LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 605-2, Hawaii Revised Statutes, is amended to read as follows:
"§605-2 Attorneys; license required.
Except as provided by the rules of court[,] or section 605-14, no
person shall be allowed to engage in the practice of law in [any
court of] the State unless that person has been duly licensed so to do by
the supreme court; provided that nothing in this chapter shall prevent any
person, plaintiff, defendant, or accused, from [appearing in person before
any court, and there] prosecuting or defending that person's, plaintiff's,
defendant's, or accused's own cause, without the aid of legal counsel; provided
further that in the district courts sections 605-13 and 633-28 shall
apply."
SECTION 2. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:
"§605-14 Unauthorized practice of law
prohibited. (a) It shall be unlawful for any person[, firm,
association, or corporation] to engage in [or], attempt to
engage in, or [to] offer to engage in the practice of law, or [to
do or attempt to do or offer to do] commit any act or attempt to
commit any act constituting the practice of law, except and to the extent
that the person[, firm, or association] is licensed or authorized [so
to do by] to practice law by a statute or an appropriate court,
agency, or office [or by a statute] of the State or of the United
States.
(b) Nothing in sections 605-14 to
605-17 [contained] shall be construed to prohibit the preparation,
execution, or use by any party to a transaction of any [legal or
business] form or document prepared or used in the transaction.
(c) An attorney who is not licensed or authorized to practice law in the State, but is licensed or authorized to practice law in another United States jurisdiction and is not disbarred or suspended from practicing law in any United States jurisdiction, may provide legal services on a temporary basis in the State, if the attorney provides services:
(1) In association with or to assist an attorney who is licensed or authorized to practice law in the State in a matter that the attorney who is licensed or authorized to practice law in the State is retained to handle; provided that if:
(A) The matter is being litigated in any court of the State, the attorney who is not licensed or authorized to practice law in the State shall be permitted to associate and appear in the matter pro hac vice; and
(B) The matter is not being litigated in any court of the State, the attorney who is not licensed or authorized to practice law in the State shall register with the clerk of the supreme court pursuant to subsection (d); or
(2) As in-house counsel to an organization in another jurisdiction or to an affiliated entity or employee of that organization in the State.
(d) The clerk of the supreme court shall maintain a registry of all attorneys who are not licensed or authorized to practice law in the State, but provide services for a matter that is not being litigated in any court of the State pursuant to subsection (c)(1)(B). The registry shall include:
(1) The date of registration;
(2) The attorney's name and business postal mail address, electronic mail address, and telephone number;
(3) The jurisdictions outside of this State in which the attorney is licensed to practice law;
(4) A brief description of the matter the attorney is handling; and
(5) The name and business postal mail address, electronic mail address, and telephone number of the attorney licensed or authorized to practice law in the State who the attorney not licensed or authorized to practice law in the State is associated with or assisting pursuant to subsection (c)(1)(B).
The clerk of the supreme court shall publish the registry on the judiciary's website."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on March 15, 2038.
Report Title:
Unauthorized Practice of Law; Pro Hac Vice
Description:
Allows a person who is not licensed or authorized to practice law in the State to provide legal services on a temporary basis in this State if the attorney provides services in association with or assists a Hawaii licensed attorney or as in-house counsel to an organization in another jurisdiction or to an affiliated entity or employee of that organization in the State. Requires the clerk of the supreme court to maintain a registry of all attorneys who are not licensed or authorized to practice law in the State, but provide services for a matter that is not being litigated in any court of the State. Makes conforming amendments to attorney licensure requirements. Effective 3/15/2038. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
