(a) Every applicant for a license as a foreign law consultant shall file with the clerk of this court, a verified typewritten application in duplicate on the form provided by the clerk of this court. At minimum, the application form shall require each applicant to set forth: (i) the applicant's name, age, and last place of residence, (ii) the character and term of the applicant's law study, (iii) the name of each institution of law the applicant attended and graduated from, and with what degree, (iv) the names of all courts or other licensing authorities to which the applicant has made applications to practice, (v) the dates the applicant has taken examinations, (vi) the dates the applicant was admitted to practice as an attorney or counselor at law or equivalent or as a foreign law consultant, (vii) whether the applicant has been the subject of any investigation or proceeding for professional misconduct or whether the applicant has ever been rejected upon an application to practice before any court or other licensing authority, and (viii) Such other information as the Board of Examiners requires to make recommendations to this court about the character and fitness of the applicant. A filing fee in such amount as shall be prescribed by the court shall accompany each application. The cost of a character report or investigation shall be borne by the applicant.
(b) The application shall be accompanied by the following documents, together with duly authenticated English translations if they are not in English: (1) A certificate from the authority having final jurisdiction over professional discipline in the foreign country in which the applicant was admitted to practice, which shall be signed by a responsible official or one of the members of the executive body of such authority and which shall be accompanied by the official seal, if any, of such authority and which shall certify: (A) as to the authority's jurisdiction in such matters, (B) as to the applicant's admission to practice in such foreign country and the date thereof and as to the applicant's good standing as an attorney or counselor at law or the equivalent therein, and (C) as to whether any charge or complaint has ever been filed against the applicant with such authority, and, if so, the substance of each such charge or complaint and the adjudication or resolution thereof.(2) A letter of recommendation from one of the members of the executive body of such authority or from one of the judges of the highest law court or court of general original jurisdiction of such foreign country, certifying to the applicant's professional qualifications, together with a certificate from the clerk of such authority or of such court, as the case may be, attesting to the office held by the person signing the letter and the genuineness of the person's signature.(3) A letter of recommendation of at least two attorneys or counselors at law or the equivalent admitted in and practicing in such foreign country, setting forth the length of time, when, and under what circumstances they have known the applicant, and their appraisal of the applicant's moral character.(4) A letter of recommendation of at least two attorneys of this court, setting forth the length of time, when, and under what circumstances they have known the applicant, and their appraisal of the applicant's moral character.(5) Such other relevant documents or information as may be called for by the court or by the board of examiners. (c) The statements contained in the application and supporting documents shall be investigated by the board of examiners, who shall report the results of their investigation to the court, together with their recommendations thereon. Prior to the grant of any license, the court shall be satisfied of the good moral character of the applicant.(d) In considering whether to license an applicant as a foreign law consultant under these rules, the court may in its discretion take into account whether a Hawai'i attorney would have a reasonable and practical opportunity to establish an office for the giving of legal advice to clients in the applicant's country of admission, if there is pending with the court a request to take this factor into account from a Hawai'i attorney actively seeking to establish such an office in that country which raises a serious question as to the adequacy of the opportunity for such a Hawai'i attorney to establish such an office.Added May 12, 1986, effective 7/1/1986; amended October 27, 1989, effective 11/1/1989, subject to transitional orders; further amended September 28, 1990, effective 9/28/1990; further amended February 7, 1992, effective 2/7/1992; further amended June 5, 1992, effective 6/5/1992; further amended effective 12/27/1996.