Haw. R. Gov. Trust Acct. 7
As part of the annual attorney registration statement required by Rule 17(d) of the Rules of the Supreme Court of the State of Hawai'i, each attorney or law firm shall file each year a certificate of annual compliance with the trust accounting procedures and record keeping procedures of these Rules and Rule 1.15 of the Hawai'i Rules of Professional Conduct for the immediately preceding calendar year. The certificate shall contain the name of the lawyer or law firm listed on the account, the trust account name, the trust account number, the financial institution's name and address, and the attorney's Bar number. All information contained in the certificate of compliance shall be provided electronically by the Hawai'i State Bar to the Hawai'i Justice Foundation and the Office of Disciplinary Counsel, and this information shall be kept confidential by all three organizations. The certificate shall be incorporated into the annual attorney registration statement and shall be in such form as prescribed by the Hawai'i State Bar in consultation with the Hawai'i Justice Foundation and the Office of Disciplinary Counsel. The form shall be designed so as to minimize the burden and time required to complete it. In addition, the Office of Disciplinary Counsel may monitor and/or supplement compliance and reporting by requiring the submission of more detailed trust account reports on a random, rotational and/or for-cause basis.
Haw. R. Gov. Trust Acct. 7
COMMENT:
Rule 7 reflects the requirements set forth in Rules 11(f)(1) and 17(d)(1) of the Rules of the Supreme Court of the State of Hawai'i which require every lawyer to annually certify, in connection with renewal of the lawyer's registration, either that the lawyer or law firm does not handle client funds and, therefore, is not required to maintain an IOLTA account or that the lawyer or law firm does receive and manage client funds, and maintains books and records in compliance with the requirements of these Rules and Rule 1.15 of the Hawai'i Rules of Professional Conduct.