Report Title:

Practice of Law

Description:

Provides for attorneys and the practice of law.

HOUSE OF REPRESENTATIVES

H.B. NO.

1337

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ATTORNEYS AND THE PRACTICE OF LAW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 605, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§605- Definitions. As used in this chapter:

"Legal advice" means the guidance given by practitioners to their clients.

"Practice" means to engage in or attempt to engage in or to offer to engage in the practice of law.

"Practice of law" means the professional legal work of a practitioner, having the essential features of an attorney-client relationship, when engaged in the following conduct on behalf of another:

(1) Giving legal advice;

(2) Performing legal representation in a court of law; and

(3) Negotiating legal rights or responsibilities.

"Practice of law" does not include:

(1) Pro se representation by an individual, including representation of that individual by a power of attorney authorized person, agent, or entity;

(2) Person serving as a mediator, arbitrator, conciliator, or facilitator;

(3) Person providing legal information, options, or possible courses of action;

(4) Person assisting in legal document preparation or completion under supervision of a pro se individual or their authorized representative; or

(5) Any other conduct where an attorney-client privilege cannot exist.

"Practitioner" means any person qualified and licensed pursuant to this chapter, who has continuing eligibility to engage in the practice of law.

"Pro se" means a person who represents himself or herself."

SECTION 2. Chapter 605, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"CHAPTER 605

ATTORNEYS AND THE PRACTICE OF LAW"

SECTION 3. 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, no person shall be allowed to practice 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 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:

"§605-14 Unauthorized practice of law prohibited. 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 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 an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in sections 605-14 to 605-17 contained shall be construed to limit the rights of pro se individuals to act in their own best interests and to receive legal information, options, and assistance, or to prohibit the preparation or use by any party to a court proceeding or transaction of any legal, court, or business form or document used in court or for the transaction."

SECTION 5. Section 605-15.1, Hawaii Revised Statutes, is amended to read as follows:

"§605-15.1 Standing. The attorney general, affected individual, or any bar association in this State may maintain an action for violations of section 605-14."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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