In Hawai’i, non-Hawai’i admitted attorneys are permitted to temporarily practice law under limited circumstances. Beyond regular admission (RSCH Rule 1.3), Hawai’i allows limited admission to military attorneys (RSCH Rule 1.7), law school faculty members (RSCH Rule 1.8), attorneys employed by certain non-profit legal service providers (RSCH Rule 1.16), attorney spouses of U.S. military service members (RSCH Rule 1.17), and pro hac vice lawyers in court (RSCH Rule 1.9) and arbitration (RSCH Rule 1.9A) proceedings.
Presently, Hawai’i does not allow for temporary practice by any non-admitted attorneys outside these exceptions. For example, Hawai’i does not allow non-admitted attorneys to practice in contemplation of litigation (prior to court or arbitrator approval), or in non-court/arbitral matters such as mediation – unless “authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States.” HRS § 605-14.
Pro hac vice admissions procedures for Hawai’i court cases are detailed at RSCH Rule 1.9. Admission procedures for arbitrations are detailed at RSCH Rule 1.9A.
Recently, the rules for court/arbitration proceedings were amended to require applicants and their local counsel to disclose information relating to business registration and the payment of Hawai’i general excise taxes. See: Order SCRU-11-0000068, dkt. #164.
The business registration and tax compliance requirements are not clearly defined and some guidance can be found in a letter an October 28, 2024 letter from the Department of the Attorney General, Commerce and Economic Development Division. Additional guidance on Hawai’i taxation of legal services can be found in the Department of Taxation’s Tax Information Release No. 2018-06.
Direct all correspondence as to Pro Hac Vice issues to [email protected] or contact Joanna Sayavong, ODC’s Pro Hac Vice program manager, at (808) 469-4032.