A lawyer should understand and advise a client that civility and courtesy in scheduling meetings, hearings, and discovery are expected, are not to be equated with weakness, and are not inconsistent with zealous representation of the client.
Specifically, a lawyer who manifests professional courtesy and civility:
(a) Makes reasonable efforts to schedule meetings, hearings, and discovery by agreement whenever possible and considers the scheduling interests of opposing counsel, the parties, witnesses, and the court. Misunderstandings are avoided by sending formal notices.(b) Does not arbitrarily or unreasonably withhold consent to a request for scheduling accommodations.(c) Does not engage in delay tactics in scheduling meetings, hearings and discovery.(d) Tries to verify the availability of key participants and witnesses either before a meeting, hearing or trial date is set or if that is not feasible, immediately after so that he or she can promptly notify the court, or other tribunal, and opposing counsel of any likely problems.(e) Notifies opposing counsel and, if appropriate, the court or other tribunal as early as possible when scheduled meetings, hearings or depositions must be canceled or rescheduled including due to a pending settlement, mediation, or other significant change in the status of the matter.Haw. G. Prof'l. Crtsy. & Civ. 1
Amended effective 10/4/2004; amended September 7, 2017, effective 1/1/2018.