§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 prohibit the
preparation or use by any party to a transaction of any legal or business form
or document used in the transaction. [L 1955, c 150, §1; RL 1955, §217-14; HRS
§605-14; am L 1969, c 226, §3; am L 1983, c 167, §18; am L 1985, c 270, §4; am
L 2001, c 47, §1]
Cross References
Unauthorized practice of law as criminal contempt of court,
see §710-1077.
Rules of Court
See HRPC rule 5.5.
Case Notes
Only bar association or attorney general has standing to
bring action for violation of this section. 501 F. Supp. 830 (1980).
Assuming plaintiff collection agency to be engaged in
unauthorized practice of law, such conduct does not entitle the debtor
defendant any relief. 59 H. 503, 584 P.2d 107 (1978).
Nonattorney agents are not allowed to represent corporations
in litigation. 60 H. 372, 590 P.2d 570 (1979).
First offender chargeable only with violation; circuit court
had exclusive jurisdiction. 68 H. 226, 708 P.2d 138 (1985).
Where Oregon law firm did not "practice law within the
jurisdiction" of Hawaii, it did not violate this section nor §605-17;
thus, plaintiff could recover fees under §607-14 for services rendered by
firm. 87 H. 37, 951 P.2d 487 (1998).
Notes of Decisions
Fought & Co. v. Steel Eng'g & Erection, Inc., 951 P.2d 487 (Haw. 1998).
· cites it 16× “Both Steel and the DOT argue that Fought’s request for taxation of the fees of Kobin and Kobin (Kobin), its retained general counsel, must be denied, inasmuch as no member of that firm is licensed to practice law in this jurisdiction, and such an award would therefore violate…”
State v. Taylor., 307 P.3d 1142 (Haw. 2013).
· cites it 10× “]” 4 At the time of the alleged offense, as it does now, HRS § 605-14 provided: Unauthorized practice of law prohibited.”
Reliable Collection Agency, Ltd. v. Cole, 584 P.2d 107 (Haw. 1978).
· cites it 8× “II The practice of law by others than those “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” is prohibited by HRS § 605-14. The attorney general or any bar association in this State is authorized to…”
Alexander & Baldwin , LLC v. Armitage., 508 P.3d 832 (Haw. 2022).
· cites it 5× “10 HRS § 605-14 provides in relevant part: 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,…”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
· cites it 4× “In Reliable , the issue was whether a private individual had a private right of action to challenge the unauthorized practice of law under HRS § 605-14. 59 Haw. at 506 , 584 P.2d at 109 .”
Tradewinds Hotel, Inc. v. Cochran, 799 P.2d 60 (Haw. App. 1990).
· cites it 5× “1 (1985) 6 to bring an action to enjoin the unauthorized practice of law under HRS § 605-14 (1985). 7 However, Reliable is distinguishable from this case.”
Hall v. State, 756 P.2d 1048 (Haw. App. 1988).
· cites it 2× “8 The Hall I complaint requested the same relief as in Hall II, except that the District Court was also requested in Hall I to declare that Hawaii Revised Statutes (HRS) § 605-14 prohibiting the unauthorized practice of law, and Rule 15(b), Rules of the Supreme Court, 9 which…”
Adkins v. Fischer., 520 P.3d 277 (Haw. App. 2022).
· cites it 2× “2 (2016) ("the attorney general may maintain a criminal action against any person who violates section 605-14"); HRS § 605-15.1 (2016) ("The attorney general or any bar association in this State may maintain an action for violations of section 605-14.”
Cunha v. Ward Foods, Inc., 501 F. Supp. 830 (D. Haw. 1980).
“As to Count III of the second amended complaint (alleged unauthorized practice of law), defendant’s motion is granted. Under Hawaii Rev.”
State v. Gilbert, 708 P.2d 138 (Haw. 1985).
· cites it 10× “2 He was being charged for the first time under HRS § 605-14. Gary Kobayashi (William A. Harrison on the Opening Brief and with him on the Reply Brief), for Defendant-Appellant.”
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