APEC economy: United States of America; Jurisdiction: Hawaii
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreignand international law (ie become a foreign legal consultant).
The relevant rule is Rule 14 of the Rules of the Supreme Court of the State of Hawaii.
Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required but may enter a commercial association with local lawyers.
As at June 2009, approximately 4 limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is Article VI, section 7 of the Hawaii Constitution; Rules 1, 7 and 14 of the Rules of the Supreme Court of the State of Hawaii; and Chapter 605 of the Hawaii Revised Statutes.
Foreign lawyers will be eligible to sit for examination if admitted to practise and in the good standing before the highest court of a foreign country where the English common law substantially forms the basis of that country's jurisprudence, where English is the language of instruction and practice in the courts of that jurisdiction, and provided he or she presents satisfactory proof that he or she has actively practised law in such jurisdiction for five of the six years immediately preceding his or her application (see Rule 1.3(b)(iii) of the Rules of the Supreme Court of the State of Hawaii.
The requirements for a foreign attorney's full admission are like the requirements for attorneys from other US jurisdictions who did not graduate from an ABA accredited law school (see Rule 1.3(b)(ii) of the Rules of the Supreme Court of the State of Hawaii.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers probably may not be employed by a foreign lawyer or foreign firm (see Rule 5.4 of the Hawaii Rules of Professional Conduct);
- foreign lawyers may provide services in some other form of commercial association with local lawyers, if the foreign lawyer is authorised to practise as a foreign law consultant;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are likely not permitted to enter into commercial association with local lawyers or law firms (see Hawaii Rules of Professional Conduct). Other form of practice requirements includes Rule 6 of the Rules of the Supreme Court of the State of Hawaii.
Other regulatory issues
In this jurisdiction:
- foreign lawyers probably cannot establish an office in the absence of enabling legislation (see Chapter 605 of the Hawaii Revised Statutes);
- there are specific rules in relation to advertising. These rules are Rules 7.1, 7.2, 7.3 and 7.4 of the Hawaii Rules of Professional Conduct;
- there are specific rules in relation to use of names by lawyers or law firms. These rules are Rule 6(b) of the Rules of the Supreme Court of the State of Hawaii and Rule 7.5 of the Hawaii Rules of Professional Conduct.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Supreme Court of Hawaii | www.courts.state.hi.us |
| Peak professional association representing the legal profession | Hawaii State Bar Association | www.hsba.org |