Hawaii Attorney Legal Blog

In a lawsuit, the first document filed with the Court is usually the Complaint which contains, among other things, information on the parties involved and a concise statement of the facts of the case. The Complaint is accompanied by a Summons which is signed by a clerk of the Court. The next step involves service of the Complaint on the Defendant. According to Rule 4(1)-(8)of the Hawaii Rules of Civil Procedure, service of the Complaint can be made various ways depending on the type of defendant. These methods are listed in Rule 4 of the Hawaii Rules of Civil Procedure as follows:

(1) Upon an individual other than an infant or an incompetent person, (A) by delivering a copy of the summons and of the complaint to the individual personally or in case the individual cannot be found by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or (B) by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

(2) Upon an infant, by delivering a copy of the summons and of the complaint personally (A) to the guardian of the infant's property or if there is no guardian of the infant's property or service cannot be made upon such guardian then as provided by order of the court and (B) if the infant be of the age of 16 years or over, also to the infant; and upon an incompetent person, by delivering a copy of the summons and of the complaint personally (A) to the guardian of the incompetent's property, or if the incompetent is living in an institution then to the director or chief executive officer of the institution, or if service cannot be made upon either of them, then as provided by order of the court, and (B) unless the court otherwise orders, also to the incompetent person.

(3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

(4) Upon the State by delivering a copy of the summons and of the complaint to the attorney general of the State or to the assistant attorney general or to any deputy attorney general who has been appointed by the attorney general.

(5) Upon an officer or agency of the State by serving the State and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copies shall be delivered as provided in paragraph (3) of this subdivision of this rule.

(6) Upon a county, as provided by statute or the county charter, or by delivering a copy of the summons and of the complaint to the corporation counsel or county attorney or any of his or her deputies.

(7) Upon an officer or agency of a county, by serving the county and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation the copies shall be delivered as provided in paragraph (3) of this subdivision of this rule.

(8) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute.

H.R.C.P. 4(1) - (8)

Labels: Civil Procedure and Trial Practice, Commercial Litigation, Hawaii Real Estate Litigation, The Legal Profession

This is our ninth Thanksgiving in business. It seems like yesterday that we started this office. It was only a few nights ago that I realized that our ninth anniversary had already passed. Since this is the traditional season to give thanks, I thought it would be appropriate to prepare my list of the things about my legal practice for which I am thankful.

1. I am thankful to all of my clients who have trusted me with their cases. I realize that when you select my office, usually to litigate against much larger law firms, it is because you have faith in me. I am humbled by that trust. You have many options available to you and there are many fine lawyers in Hawaii. Thank you for believing in me.

2. I am thankful that I live in Hawaii. Having practiced law for many years in New York City, I know just how lucky I am to be able to live and work in Honolulu. There is no place on earth I would rather live.

3. I am thankful for my staff. Those of you that have interacted with my staff know what a pleasure it is to work with them. They produce excellent work product and are dedicated to our clients. Almost weekly, a client or a member of the bar tells me how lucky I am to have them working with me. I agree and am grateful.

4. I am thankful that I practice law in the United States. It has been a rough few years for America. Unfortunately, I think we are in for a few more tough years, before things improve. However, never forget that the United States has been an extremely postive force in history. Democracy was a noble experiment when this country was founded in 1776. Today, democracy has spread throughout the world. The Constitution of the United States, particularly the Bill of Rights, is one of the most important documents ever written. Americans take many of those rights for granted. I am thankful that I am part of a legal system that has so effectively protected our civil rights, that Americans are able to take their civil rights for granted.

5. I am thankful that I am a Hawaii attorney. Being a lawyer is not always easy. Still it is a very rewarding job. And if you follow the rules, it is a very noble profession. I am thankful that I have been given the honor and privilege to serve my clients in Hawaii.

Happy Thanksgiving

Labels: Office News

When hiring an attorney, make sure that he is covered by malpractice insurance. It is your absolute right to ask your potential attorney about this issue. Admittedly, the lawyer may refuse to respond. If he does refuse, just don't hire that attorney.

This is an important consumer protection issue. The Hawaii State legislature has attempted to pass a law requiring mandatory disclosure of malpractice coverage by attorneys. I have written to the Hawaii State Bar supporting this disclosure requirement. The Hawaii State Bar has consistently opposed this legislation. I am not exactly sure why. After all, I presume that all of the good lawyers in Hawaii carry malpractice insurance. Indeed, the Hawaii Bar Presidents usually are from very successful practices, so why are they preventing the public from knowing which lawyers do not care enough about their clients to have insurance coverage?

This is a simple consumer protection issue. It is illegal to drive a car without insurance presumably to ensure that the victims of car accidents are compensated. Shouldn't we protect the consumers of legal services in the same way? If a lawyer makes a mistake that hurts his or her client, do we not want to make sure that the victim can be compensated?

So like so many other aspects of life in the Twenty First Century, since the government refuses to take action to protect you, you must protect yourself. Do not hire a lawyer unless he or she can confirm that they carry malpractice insurance.

Labels: The Legal Profession

Since I was trained to practice law in New York City, clients often consult with me because they want their attorney to be aggressive. Admittedly, when it is necessary to protect my clients interest, I can be very aggressive. However, an experienced litigator, who is actually concerned with protecting his client, must not allow zealousness to overrule common sense.

When a client contacts my office, it is usually because they are embroiled in a dispute with an individual or company. As with any legal dispute, emotions are magnified and it is important that I remain calm and view the dispute in an objective manner. Sometimes this is easier said than done, especially when the potential client has done absolutely nothing wrong and their opponent is clearly taking advantage of them.

Often, during my initial consultation, the potential client is understandably very angry. It is at this critical moment that a good litigation attorney must counsel his clients to try to remain calm. And this may be especially difficult since, in the initial interview, the attorney may not have the relationship necessary to make the client feel at ease.

I have had potential clients arrive at my office with a detailed plan of action for me to undertake. However, it is important for the client to understand that each action will result in attorney's fees and costs that must be paid. Therefore, like any good attorney, I explain to the client, not only the potential ramifications of the desired action, but the attorney's fees and costs associated with the action.

Although it would be a far more profitable for me to simply follow my clients instructions regardless of the cost, it is my absolute ethical duty to counsel my client about the cost of their desired agressive strategy and, if possible, offer less costly alternatives. I am confident that I am not the only lawyer that follows this procedure. If your attorney doesn't counsel you on the cost of litigation, and offer you less expensive altervatives, you may wish to consider new representation.

Labels: The Legal Profession

I frequently hear of lawyers telling potential clients that their case is a "slam dunk" in the intial interview. Personal injury victims have informed me of potential attorneys that can place a value on their injuries before the attorneys have even reviewed medical records. Prospective clients should be wary of lawyers who promise too much in the first interview. Lawyers cannot predict the future. If a lawyer has the telepathic ability to guarantee your outcome, and you are absolutely cetain that he is not lying to you, then hire that lawyer. In fact, if he has psychic power, you should also ask him to select your next investment.

In truth, a lawyer meeting you for the first time, cannot accurately tell you the outcome of your case. There are literally hundreds of variables that will effect your case, many of which cannot possibly be determined in the initial meeting. For example, what kind of witness will you be? You may be perfectly charming in the intial interview, yet fall apart under the pressure of prolonged litigation. How strong a witness will your opponent be? Has the attorney reviewed all of the material documents in your case? I've had very few cases, in my twenty one years of legal practice, in which the potential client brought all material documents to the initial interview. Yet, without reviewing all of the material documents, it is virtually impossible to predict the outcome of a commercial case. If it is a personal injury matter, what do the medical reports say about the victim's injuries? It is impossible to accurately value a personal injury claim without reviewing the extent of the physical injuries, as confirmed in those reports.

If your potential attorney makes elaborate promises about the outcome of your case in your initial interview, you should become very concerned. An experienced, honest attorney will admit that there is no guarantee in our imperfect legal system. When selecting an attorney, see who gives you straight advice. You wouldn't trust a doctor who told you that smoking was good for your lungs. Don't shop for the lawyer who is most willing to tell you what you want to hear.

Labels: The Legal Profession

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Labels: Office News