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0!.14 Lincoln S.T. Ashida <br /> Har ry Kim aJr Corporation Counsel <br /> Mayor c• <br /> Gerald Takase <br /> Assistant Corporation <br /> Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 + (808)961-8251 • Fax(808)961-8622 <br /> August 11, 2003 <br /> MEMORANDUM 2003-3 <br /> TO: OFFICE OF THE MAYOR <br /> HAWAII COUNTY COUNCIL <br /> ALL DEPARTMENT HEADS <br /> ALL BOARDS AND COMMISSIONS <br /> FROM: LINCOLN S. T. ASHIDAW <br /> Corporation Counsel <br /> RE: The Attorney-Client Privilege <br /> We thought it important to revisit our laws concerning the attorney-client <br /> privilege, in order to provide guidance to our County clients, and avoid potential <br /> liability for our County as well as personal liability for County officers and <br /> employees. <br /> The Law <br /> Hawaii Rule of Evidence 503 embraces the attorney-client privilege. The <br /> general rule is stated as follows: <br /> A client has a privilege to refuse to disclose and to prevent any other <br /> person from disclosing confidential communications made for the <br /> purpose of facilitating the rendition of professional legal services <br /> to the client (1) between the client or the client's representative and <br /> the lawyer or the lawyer's representative, or (2) between the lawyer <br /> and the lawyer's representative, or (3) by the client or the client's <br /> representative or the lawyer or a representative of the lawyer to <br /> a lawyer or a representative of a lawyer representing another <br /> party in a pending action and concerning a matter of common <br /> interest, or (4) between representatives of the client or between <br /> the client and a representative of the client, or (5) among lawyers <br /> and their representatives representing the same client. <br /> The following discussion will assist in understanding the somewhat convoluted <br /> verbiage above. <br />