Hawaii rules
Can a Hawaii lawyer advertise as a certified specialist, and what must the ad say?
Hawaii certifies specialists through its own Supreme Court, and any certification claim carries a sentence the rule writes for you. Injury solicitations wait 30 days.
By Santiago Alvarez, Founder, Ad Hoc Digital
Last updated
The short answer
If you read one part of this page, read this.
Yes, if the Supreme Court of Hawaii has certified you. Under Rule 1.13 of the Rules of the Supreme Court, a lawyer who completes an ABA-accredited specialty program can petition for a five-year Hawaii Certificate of Specialization. Hawaii Rule of Professional Conduct 7.4(d) then lets the ad say so, if it names the certifying organization and includes this sentence: "The Supreme Court of Hawai‘i grants Hawai‘i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association."
Nothing is filed. Every ad includes "the name of at least one lawyer responsible for its content" (Rule 7.2(c)). Live, in-person and real-time solicitation for profit is banned, targeted written and electronic solicitations carry "Advertising Material" (a Board opinion goes further on email), and no solicitation about a personal injury or wrongful death goes out until more than 30 days have passed (Rule 7.3(e)(1)).
The newest change to Part 7 is the 2022 amendment to Rule 7.1's comment on former judges and officials. This is a plain summary for marketing planning, not legal advice. Check the current rule with your bar or law society. We work with law firms across the US and Canada, and also in Australia and the UK.
Which rules apply
Hawaii's marketing rules are HRPC 7.1 to 7.5, plus a Supreme Court rule on certification.
The Supreme Court of Hawaii adopted the current Rules of Professional Conduct on June 25, 2013, effective January 1, 2014. The Judiciary's PDF prints comments from the rules committee, which it says are "not binding on the courts".
| Rule | What it covers | Marketing effect |
|---|---|---|
| HRPC 7.1 | False or misleading communications, unjustified expectations, unsubstantiated comparisons; comment [5] on former officials (amended effective July 1, 2022) | Results need context; comparisons need proof; "former" must be clear |
| HRPC 7.2 | Advertising media, paying for recommendations, required name | Every ad names at least one responsible lawyer |
| HRPC 7.3 | Live solicitation ban, unwanted contact, "Advertising Material" label, 30-day injury rule | No cold calls; labeled letters; injury outreach waits 30 days |
| HRPC 7.4 | Fields of practice, patent and admiralty titles, certification | Certification claims carry the certifier's name and the Court's sentence |
| HRPC 7.5 | Firm names, retired partners' names, multi-state firms, public officials | A firm name with no current partner still needs an active lawyer in charge |
| RSCH 1.13 | Hawaii Certificate of Specialization | The Court's own five-year specialist certificate |
The Judiciary's Rules of Court Amendments page, last updated September 29, 2026, lists no pending order amending the HRPC. For the national text, see our ABA Model Rules guide.
Filing and review
Hawaii files nothing, but the Disciplinary Board's formal opinions bind every lawyer.
No Hawaii rule requires submitting an ad, and Rule 7.2 has no record keeping clause. The Disciplinary Board says its formal opinions "are binding on all members of the bar", and ignoring one can be a basis for discipline.
- No filing or fee
Ads, websites and posts run without review, fee or waiting period.
- Formal opinions
Issued only by the Disciplinary Board on questions of broad interest. Formal Opinion No. 41 treats websites, domain names, web addresses, email addresses, banners and pop-ups as advertising subject to Rules 7.1, 7.2, 7.4 and 7.5.
- Informal opinions
The Office of Disciplinary Counsel gives oral opinions on prospective conduct only. The caller supplies the facts and the HRPC citations, and the Board says these opinions are nonbinding and no defense in a later proceeding.
- Your own file
With no record rule, a firm's dated copies are its only proof of what ran. We keep every Hawaii ad version and page with its run dates.
Formal Opinion No. 41 dates from 2001 and was updated in 2015, so read it alongside the current rule text. For a West Coast comparison, see our California guide.
What every ad must include
A Hawaii ad names a responsible lawyer, and targeted messages say "Advertising Material".
Rule 7.2(c) asks for a lawyer's name, not a firm name or an address. Rule 7.3(c) adds a label for solicitations to people known to need help with a matter.
- Responsible lawyer (7.2(c)): "the name of at least one lawyer responsible for its content." A firm name alone doesn't meet the text.
- The label (7.3(c)): "Advertising Material" on the outside envelope, if any, and at the beginning and end of any recorded or electronic message, unless the recipient has a family, close personal or prior professional relationship with the lawyer.
- Former officials (7.1, comment [5]): a lawyer who refers to having been a judge, prosecutor, public defender or other official makes clear, in words or image, that the role is past, and discloses any removal for misconduct.
- Historical footage (7.1, comment [5]): documents, articles, video of real events and re-creations used in an ad state their historical context.
- Firm names (7.5(b)): a firm may keep deceased or retired partners' names, but if no name is a current active partner, at least one supervisor, manager, partner or shareholder must be on the bar's active list.
- Multi-state firms (7.5(c)): lawyers listed for an office show the limits on those not licensed where it is.
The comment on former officials matters for criminal defense firms: "Former Prosecutor" works, while an image of the lawyer at a prosecutor's podium with no "former" doesn't. Our ad copy rules guide shows how required lines fit short formats.
Results, testimonials and endorsements
Hawaii tests results and comparisons under Rule 7.1 and bars paying anyone to channel work.
Rule 7.1(b) makes a communication misleading if it "is likely to create an unjustified expectation about results the lawyer can achieve". Comment [3] says a disclaimer or qualifying language may prevent that finding.
| Content | Hawaii's position | Source |
|---|---|---|
| Past results | May mislead if a reader would expect the same result without reference to each case's facts and law; a disclaimer may help | 7.1(b); comment [3] |
| Comparisons with other lawyers | Not allowed "unless the comparison can be factually substantiated" | 7.1(c) |
| Testimonials | No separate rule; a testimonial in an ad faces the same Rule 7.1 tests as the firm's own claims | 7.1 |
| Paying for recommendations | "Lawyers are not permitted to pay others for channeling professional work", beyond ad costs, listed referral services and buying a practice | 7.2(b); comment [5] |
| Taking a fee for referring a client out | Prohibited for referrals to providers of non-legal services or products, and disclosure doesn't cure it | Formal Opinion No. 46 |
Hawaii's Rule 7.2(b) has no nominal gift exception, unlike Oregon's rule, so thank-you gifts to people who send cases are worth a call to the Office of Disciplinary Counsel first. Our testimonials guide compares states.
Specialist and certified
Hawaii lets lawyers say "specialist" if true, and reserves "certified" for its own certificate program.
Comment [1] to Rule 7.4 says a lawyer is "generally permitted" to say "specialist" or "specializes in", subject to Rule 7.1. Being recognized or certified as a specialist is another matter, handled by Rule 7.4(d) and RSCH 1.13.
Complete an ABA-accredited program
RSCH 1.13(a): an active Hawaii lawyer in good standing who completes an ABA-accredited specialty program may petition the Court for a Hawaii Certificate of Specialization.
File a verified petition
It states the admission date, the "Hawaiʻi attorney identification number", office details and the program, with a copy of the license, the ABA-accredited certificate and statements on good standing, discipline and client protection fund claims.
Pay and receive the certificate
The petition is docketed as an original proceeding with its filing fee. On approval and a $25 certification fee, the Clerk issues a five-year certificate.
Advertise it the way 7.4(d) says
The claim can't mislead, names the certifying organization, and carries the Court's sentence about ABA-accredited programs.
Renew every five years
Renewal needs six hours a year of ABA-accredited CLE in the subject, continued certification by the program, good standing and no discipline in the period. Suspension or disbarment revokes the certificate automatically.
Wording that needs no certificate, per comment [1]: "concentrates in", "practices primarily in", "emphasizes" and "limits practice to". Rule 7.4(b) and (c) also allow "Patent Attorney" for lawyers admitted to patent practice and "Proctor in Admiralty" for admiralty work. Alaska is stricter: "specialist" itself is banned there without certification.
Direct contact and paying for leads
Hawaii bans live solicitation, labels targeted messages, and makes injury outreach wait 30 days.
Rule 7.3 pairs a live contact ban with a waiting period for injury cases. HRS chapter 605, titled "Attorneys", has no section on solicitation.
- Live contact (7.3(a))
No in-person, live telephone or real-time electronic solicitation when a significant motive is pecuniary gain, unless the person has a family, close personal or prior professional relationship with the lawyer.
- Which channels count (comment [1])
The comment names email, social media, instant messaging, text messaging and live phone calls as forms of direct contact with "an inherent potential for abuse".
- Unwanted contact (7.3(b))
No solicitation of someone who has said no, or that involves coercion, duress or harassment. Comment [5] warns that further attempts after a letter gets no response may violate 7.3(b).
- The 30-day rule (7.3(e)(1))
No solicitation about a personal injury or wrongful death involving the person addressed or a relative unless the injury or death "occurred more than 30 days prior to the sending of the communication".
- Judgment (7.3(e)(2))
No solicitation when the lawyer knows or should know the person's physical, emotional or mental state makes reasonable judgment about hiring a lawyer unlikely.
- What you may pay for (7.2(b))
Reasonable ad costs, the usual charges of a not-for-profit lawyer referral service or qualified legal assistance organization, and buying a practice. Comment [5] lists directory listings, banner ads and group advertising among allowed costs.
Formal Opinion No. 41, updated in 2015, says "E-mail solicitation of prospective clients is already prohibited by HRPC 7.3(a)". The current Rule 7.3(a) names in-person, live telephone and real-time electronic contact, Rule 7.3(c) labels electronic solicitations, and comment [1] lists email among forms of direct contact with "an inherent potential for abuse". Since the Board calls its formal opinions binding, ask the Office of Disciplinary Counsel before emailing people who haven't contacted you. Our paying for leads guide compares lead rules, and Washington shows a state with far fewer limits.
Channel by channel
How Hawaii's rules apply to search ads, Local Services Ads, social media and AI search content.
Comment [3] to Rule 7.2 calls electronic media such as the Internet "an important source of information about legal services". Formal Opinion No. 41 puts websites and domain names inside the advertising rules.
| Channel | What the rule means there | The rule |
|---|---|---|
| Google search ads | A responsible lawyer's name in the ad or its assets; keep "certified" out of short ads that can't carry the certifier and the Court's sentence | 7.2(c); 7.4(d) |
| Local Services Ads | Profile wording follows 7.1 and 7.4; nothing implies a bar or state-sponsored referral service | 7.1; 7.2, comment [7] |
| Facebook and Instagram ads | Ads to a general audience are advertising; a message pitching someone about their own recent injury falls under the 30-day rule | 7.2(a); 7.3(e)(1) |
| Social posts and messages | Posts are advertising; an unsolicited direct message or text pitching a stranger is direct contact | 7.3(a); comment [1] |
| Website and AI search content | Domain names, pages and bios that AI tools quote are advertising and carry the same specialist and former official rules | Formal Opinion No. 41; 7.1, comment [5] |
How the two Google programs charge is in our Local Services Ads vs Google Ads guide. Our social media rules guide covers direct messages.
What we check
Our Hawaii review starts with titles: specialist, certified, and former.
When we review a Hawaii firm's ads, we check every title first, because Rule 7.4(d) and comment [5] to Rule 7.1 each set exact wording.
Confirm any certificate
"Certified" stays only if the lawyer holds a current Hawaii Certificate of Specialization, with the certifier named and the Court's sentence added.
Mark past offices as past
"Former" or "retired" appears with every judge, prosecutor or official title, in copy and in images.
Name the lawyer
Each ad, post and page names at least one responsible lawyer, not only the firm.
Hold injury outreach
Any letter, email or message about a specific injury or death waits until more than 30 days have passed and carries "Advertising Material".
Check referral arrangements
No payments to people who send cases beyond what Rule 7.2(b) lists, and no fees taken for sending clients to other providers.
One case study, $30K Months Without Another Webinar, Seminar or Free Guide, comes from an estate planning firm, and the amount is the firm's result, not an ad claim. Our websites service builds pages that carry these lines. For that practice, see our estate planning marketing page. The nearest mainland comparison is California's rules.
Common mistakes
Where firms go wrong.
Hawaii mistakes we look for in accounts firms bring to us.
"Certified specialist" without the Court's sentence
Rule 7.4(d)(3) requires the statement about the Supreme Court granting certification only after an ABA-accredited program, and 7.4(d)(2) requires the certifier's name.
A judge's title with no "former"
Comment [5] to Rule 7.1 says any reference to a past office clearly shows the lawyer no longer serves in it.
Accident letters in the first month
Rule 7.3(e)(1) bars solicitations about a personal injury or wrongful death until more than 30 days after it occurred.
A firm name with no lawyer named
Rule 7.2(c) requires the name of at least one lawyer responsible for the ad's content.
Taking referral fees from medical providers
Formal Opinion No. 46, binding on Hawaii lawyers, prohibits accepting a fee for referring a client to a provider of non-legal services.
Real results
What this looked like for real firms.
Published estate planning, criminal defense and tax law results, from firms whose case studies don't name where they practice.
Identifying details are anonymized to protect our clients. Individual result, not a promise or prediction of any specific outcome for your firm.
FAQ
Questions lawyers ask us.
Straight answers to the questions that come up most.
Do Hawaii lawyers have to file their ads?
No. The HRPC has no filing, fee or review step. The Disciplinary Board's formal opinions are binding, and the Office of Disciplinary Counsel gives nonbinding oral opinions on planned conduct.
Can a Hawaii lawyer say "specialist"?
Generally yes, if it's true and not misleading (Rule 7.4, comment [1]). Saying "certified" or "recognized" as a specialist needs the Court's certificate under RSCH 1.13 and the disclosures in Rule 7.4(d).
What must a Hawaii certification claim say?
It names the certifying organization and includes the sentence in Rule 7.4(d)(3), stating that the Supreme Court grants certification only to lawyers in good standing who completed an ABA-accredited specialty program.
How long must a Hawaii lawyer wait to contact an accident victim?
More than 30 days from the injury or death before sending a solicitation about it (Rule 7.3(e)(1)), and never by in-person, live phone or real-time electronic contact without a prior relationship (Rule 7.3(a)).
Can a former judge or prosecutor mention it in Hawaii ads?
Yes, if the ad makes clear the lawyer is a former or retired official. Comment [5] to Rule 7.1 also says a reference to the office should clearly disclose any removal from it for misconduct.
Are Hawaii law firm websites covered by the ad rules?
Yes. Formal Opinion No. 41 treats websites, domain names, web and email addresses, banners and pop-ups as advertising under Rules 7.1, 7.2, 7.4 and 7.5.
How does Hawaii compare with other states?
Our state-by-state list shows every state's filing rule. Our Alaska guide covers another state outside the lower 48 with a stricter specialist rule, and our Oregon guide covers a state with no 30-day wait.
Where we do this
The services this guide touches.
What this looks like when we run it for a firm, with a demo for your practice on each page.
Sources
Where these facts come from.
Official pages we read when writing this page. Platforms and rules change, so check the current version before you act on any of it. This is marketing guidance, not legal advice.
- Hawaii State Judiciary, Rules of Court
- Hawaii State Judiciary, Hawaii Rules of Professional Conduct, Rules 7.1 to 7.5 (PDF)
- Hawaii State Judiciary, Rules of Court Amendments (pending orders)
- Supreme Court of Hawaii, Order Amending HRPC Rule 7.1 (January 4, 2022, effective July 1, 2022)
- Hawaii State Judiciary, Rules of the Supreme Court, Rule 1.13 Specialization
- Disciplinary Board of the Hawaii Supreme Court, Legal Ethics Advice (formal and informal opinions)
- Disciplinary Board of the Hawaii Supreme Court, Formal Opinion No. 41: Attorney Web Sites and Other Electronic Advertising
- Disciplinary Board of the Hawaii Supreme Court, Formal Opinion No. 46: Referral Fees
- Hawaii State Legislature, HRS chapter 605: Attorneys
Written by
Founder of Ad Hoc Digital. Leads strategy and works directly with every client firm on AI search, Local Services Ads, Google Ads and Meta ads.
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