Haw. R. Sup. Ct. 3

As amended through June 28, 2024
Rule 3 - ATTORNEY AND CLIENT FIDUCIARIES
(1) An attorney who is under a general retainer from, or who is regularly employed by, or who is a director of a trust institution shall disclose the fact to any person who requests him to draft a will or trust instrument naming such trust institution as a fiduciary. If after this disclosure the person desires the attorney to advise him and draft the will or trust instrument the attorney may comply with his request.
(2) An attorney preparing a will or trust instrument for a testator or trustor shall not accept compensation from the fiduciary for drawing the document or for advice relative thereto.
(3) An attorney drawing a will or trust instrument shall establish the professional relationship of an attorney and client with the testator or trustor and shall receive his instructions from and give his advice to his client, preferably in personal interviews, or if that is impracticable, in such other manner as the attorney considers will satisfy his professional duty to his client and will enable him to represent and protect the interests of his client.
(4) An attorney shall reserve the right to advise his client with respect to the choice of a fiduciary.
(5) An attorney should not seek to displace the fiduciary of the client's choice by inducing the appointment of another, unless the attorney believes the client's affairs demand such substitution, or where the attorney believes that the interests of the client will suffer if such substitution is not made.
(6) An attorney under general retainer from, or regularly employed by, or who is a director of a trust institution shall, before recommending to a prospective testator or trustor that such trust institution be named as fiduciary, make a full disclosure of such relationship.
(7) No attorney who is actively carrying on executive or administrative activities of a trust institution shall act as attorney in the preparation of a will or trust instrument in which such institution is named as a fiduciary.
(8) As used herein the term "trust institution" shall mean any individual, partnership, or corporate fiduciary, including any bank having a trust department.

Haw. R. Sup. Ct. 3

Renumbered September 1984.