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- This blog has moved
- Hawaii Attorney Boutique's Are Consumer Friendly
- Happy Holidays
- The Kaloko Dam Settlement
- Hawaii Attorney Philip Brown selected to the Best ...
- "Costs" In An Attorney Fee Contract
- Real Estate Settlement Procedures Act (RESPA)
- Samantha Alana Brown
- Opportunity to Cure in a Services Contract
- Arbitration in Hawaii (Part 2)
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Hawaii Attorney Legal Blog
The Law Offices of Philip R. Brown
Thursday, April 22, 2010
This blog has moved
This blog is now located at http://philipbrownlaw.blogspot.com/.
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posted by benbcraig at 10:12 AM
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Monday, March 01, 2010
Hawaii Attorney Boutique's Are Consumer Friendly
National leaders have called this "The Great Recession". Since the fall of the real estate market on the mainland in 2008, our national economy has been in rough shape. Hawaii has also been hurt by this economic downturn.
The legal profession has also suffered from this tough economic climate. Several large law firms, including my former firm in New York City, have gone out of business. In a recent Los Angeles Times article, it was noted that like other industries, small agile law offices have been able to adapt more quickly to this new legal climate. Boutique law offices, like this one, were simply considered to be more "consumer friendly".
This does not suprise me. When I started this office in 1997, I knew that the future of the legal profession was more efficient, smaller law offices. In my opinion, the $700-1000 hourly rates charged by some major law firms are simply unsustainable.
Practicing law is like any other business. As we all try to navigate our way through the "Great Recession", the law firms that survive will be those that are most able to adapt to the changing market and be responsive to our clients.
The legal profession has also suffered from this tough economic climate. Several large law firms, including my former firm in New York City, have gone out of business. In a recent Los Angeles Times article, it was noted that like other industries, small agile law offices have been able to adapt more quickly to this new legal climate. Boutique law offices, like this one, were simply considered to be more "consumer friendly".
This does not suprise me. When I started this office in 1997, I knew that the future of the legal profession was more efficient, smaller law offices. In my opinion, the $700-1000 hourly rates charged by some major law firms are simply unsustainable.
Practicing law is like any other business. As we all try to navigate our way through the "Great Recession", the law firms that survive will be those that are most able to adapt to the changing market and be responsive to our clients.
posted by PhilBrown at 5:47 PM
0 comments
Thursday, December 24, 2009
Happy Holidays
Happy Holidays from everyone in our office. It has been a tough year for the State of Hawaii and the United States. Still, our office has managed to weather the economic storm that has caused such pain across our great nation. I am grateful to our clients for their trust especially during this difficult period.
May you all have a safe and joyous holiday.
May you all have a safe and joyous holiday.
posted by PhilBrown at 12:58 PM
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Tuesday, November 03, 2009
The Kaloko Dam Settlement
The Kaloko Dam flood was a terrible tragedy, about which I previously posted in September of 2007. I am happy to report that we have reached a successful settlement, which will allow our clients to restore their idyllic property.
Our clients' property, on the island of Kauai, was severely damaged by the Ka Loko Dam flood. I represented one of the largest property owners damaged by the Ka Loko Dam flood. Admittedly, I was part of a team of plaintiffs attorneys. (A case this size had to be handled by a team of attorneys). The case allowed me to work with some of Hawaii's best attorneys. It was also an honor to watch the manner in which this difficult case was handled by the Court. As an advocate, I was not always pleased with every ruling, however, the way the Court controlled the litigation was inspiring. I also participated in the mediation skillfully handled by Warren Price and Keith Hunter. It was conducted over several months and involved multiple parties and insurance carriers. This complex case involved every imaginable issue of law and procedure. The attorneys for the plaintiffs and the defendants handled this difficult case with the highest degree of courtesy and professionalism.
In my September 2007 Kaloko Dam blog, I wrote the following:
Our clients' property, on the island of Kauai, was severely damaged by the Ka Loko Dam flood. I represented one of the largest property owners damaged by the Ka Loko Dam flood. Admittedly, I was part of a team of plaintiffs attorneys. (A case this size had to be handled by a team of attorneys). The case allowed me to work with some of Hawaii's best attorneys. It was also an honor to watch the manner in which this difficult case was handled by the Court. As an advocate, I was not always pleased with every ruling, however, the way the Court controlled the litigation was inspiring. I also participated in the mediation skillfully handled by Warren Price and Keith Hunter. It was conducted over several months and involved multiple parties and insurance carriers. This complex case involved every imaginable issue of law and procedure. The attorneys for the plaintiffs and the defendants handled this difficult case with the highest degree of courtesy and professionalism.
In my September 2007 Kaloko Dam blog, I wrote the following:
We are very proud to represent this family in their pursuit for justice. In a few years, we intend to write a follow up to this blog in which we will describe how we helped our clients restore their beautiful Kauai landscape.This outcome will allow our clients to restore their home to the condition it was in before the flood. I also hope that this settlement allows the Kauai community to continue the process of healing from this tragedy.
Labels: Hawaii Real Estate Litigation, Mediation and Arbitration, Personal Injury
posted by PhilBrown at 4:47 PM
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Monday, August 24, 2009
Hawaii Attorney Philip Brown selected to the Best Lawyers in America
Hawaii attorney Philip R. Brown has been selected by his peers to be included in the 2010 edition of The Best Lawyers in America. Obviously, he is delighted to have received this great honor.
"For over a quarter of a century, Best Lawyers has been regarded- by both the profession and the public-as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on exhaustive and rigorous peer-review survey ... by the top attorneys in the country."
Admittedly, legal professionals may disagree as to the "definitive guide to legal excellence in the United States". Best Lawyers, Martindale Hubbell , The Bar Register of Preemenient Lawyers and the American Trial Lawyers Association can all make solid claims to be the definitive guide to legal excellence. Philip Brown has now received the highest rating from each of those legal guides.
Philip Brown is listed in The Best Lawyers in America under Commercial Litigation. Mr. Brown has the highest ethical/legal rating (AV) from Martindale Hubbell. Mr. Brown is also listed by the American Trial Lawyers Association in the Top 100 Trial Lawyers. Finally, Philip Brown is listed in the Bar Register of Preeminent Lawyers under Civil Trial Practice, Commercial Litigation, and Personal Injury.
"For over a quarter of a century, Best Lawyers has been regarded- by both the profession and the public-as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on exhaustive and rigorous peer-review survey ... by the top attorneys in the country."
Admittedly, legal professionals may disagree as to the "definitive guide to legal excellence in the United States". Best Lawyers, Martindale Hubbell , The Bar Register of Preemenient Lawyers and the American Trial Lawyers Association can all make solid claims to be the definitive guide to legal excellence. Philip Brown has now received the highest rating from each of those legal guides.
Philip Brown is listed in The Best Lawyers in America under Commercial Litigation. Mr. Brown has the highest ethical/legal rating (AV) from Martindale Hubbell. Mr. Brown is also listed by the American Trial Lawyers Association in the Top 100 Trial Lawyers. Finally, Philip Brown is listed in the Bar Register of Preeminent Lawyers under Civil Trial Practice, Commercial Litigation, and Personal Injury.
Labels: Civil Procedure and Trial Practice, Commercial Litigation, Office News, The Legal Profession
posted by PhilBrown at 2:20 PM
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Friday, June 26, 2009
"Costs" In An Attorney Fee Contract
What does it mean when the attorney says I must pay "costs"?
Costs are typically any expense the attorney incurs while representing you. These expenses vary depending on the type of the case and the location of the witnesses. However, examples of these costs are as follows: photocopying, travel expenses, court reporter expenses, expert witness fees, postage, long distance telephone charges, legal research charges, parking, costs billed by medical provider, insurance company or other entity for copies of medical reports and/or billing statements.
In most contingency fee cases, the attorney agrees to advance payment for these costs, and the client remains responsible for reimbursement of said costs out of client's share of the proceed of any recovery obtained, whether by settlement or jury verdict. Any balance due and owing by client for costs advanced by attorney shall be deducted by attorney out of client's share of the proceeds of said recovery.
In cases where an attorney is retained on an hourly basis, attorneys advance payment of these costs. The client then reimburses attorneys by payment of a monthly billing statement which includes attorneys fees and costs for the monthly billing period.
Costs are typically any expense the attorney incurs while representing you. These expenses vary depending on the type of the case and the location of the witnesses. However, examples of these costs are as follows: photocopying, travel expenses, court reporter expenses, expert witness fees, postage, long distance telephone charges, legal research charges, parking, costs billed by medical provider, insurance company or other entity for copies of medical reports and/or billing statements.
In most contingency fee cases, the attorney agrees to advance payment for these costs, and the client remains responsible for reimbursement of said costs out of client's share of the proceed of any recovery obtained, whether by settlement or jury verdict. Any balance due and owing by client for costs advanced by attorney shall be deducted by attorney out of client's share of the proceeds of said recovery.
In cases where an attorney is retained on an hourly basis, attorneys advance payment of these costs. The client then reimburses attorneys by payment of a monthly billing statement which includes attorneys fees and costs for the monthly billing period.
Labels: Office News, The Legal Profession
posted by PhilBrown at 5:28 PM
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Wednesday, June 03, 2009
Real Estate Settlement Procedures Act (RESPA)
The Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.A Section 26, et seq, was enacted by Congress to "effect certain changes in the settlement process for residential real estate that will result:"
A particular RESPA disclosure that must be made by a lender includes the following:
The failure of a lender to make the above disclosure establishes a private right of action for the borrower against the lender. Sanborn v American Lending Network, 506 F.Supp.2d 917, 923 (D.Utah, 2007).
(1) in more effective advance disclosures to home buyers and sellers of settlement costs;12 U.S.C.A. Section 2601(b).
(2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services;
(3) in a reduction in the amounts home buyers are required to place in escrow accounts established to insure the payment of real estate taxes and insurance; and
(4) in slight reform and modernization of local recordkeeping of land title information.
A particular RESPA disclosure that must be made by a lender includes the following:
Each person who makes a federally related mortgage loan shall disclose to each person who applies for the loan, at the time of application for the loan, whether the servicing of the loan may be assigned, sold, or transferred to any other person at the time while the loan is outstanding.12 U.S.C.A Section 2605(a)(emphasis added).
The failure of a lender to make the above disclosure establishes a private right of action for the borrower against the lender. Sanborn v American Lending Network, 506 F.Supp.2d 917, 923 (D.Utah, 2007).
Labels: Hawaii Real Estate Litigation
posted by PhilBrown at 8:00 PM
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