Admitted in Hawaii & New York
Over 20 Years of Litigation Experience
Martindale Hubbell's Highest Legal/Ethical Rating
Listed in Bar Register of Preeminent Lawyers
Listed in Best Lawyers in America

Hawaii Attorney Legal Blog

The Law Offices of Philip R. Brown

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.

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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.

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Friday, May 15, 2009

Samantha Alana Brown

A business associate recently asked me if I have been involved in a difficult trial recently, because I have not updated my blog since March 10, 2009.

The inactivity on my blog is not the result of being overworked from a trial. My failure to blog is the result of exhaustion caused by a far more happy occasion. I am proud to announce that on March 20, 2009 my wife Sarah and I were blessed with the birth of a daughter, Samantha Alana Brown. Samantha was six pounds ten ounces at birth. Currently her hobbies seem to be eating, sleeping and staring at a picture of hearts painted by her sister, Fiona.

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Tuesday, August 26, 2008

Celebrities and Their Pets Fashion Show

I am proud to announce that on September 6th and 7th I will be participating in the "Celebrities and Their Pets Fashion Show". It will be held during the Sixth Annual Hawaii Woman Expo at the Blaisdell Exhibition Hall. My West Highland Terrier "Mike" and I will be "strutting our stuff" on the "dog walk" at 12:30 p.m. on September 6th and 7th. Mike will be modeling a fashion by designer Monica Shigenaga, owner of Cocojor (Cocojor.com), a pet friendly company that features authentic Hawaiian wear for dogs of all sizes.

My participation in this fashion show is to support the fine efforts of the Hawaii Dog Foundation. The purpose of this foundation is to provide dogs a safe, temporary home until adoption. This foundation is supported entirely by volunteers. To find out more about the Hawaii Dog Foundation, please visit their website, Hawaii Dog Foundation.

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Friday, July 11, 2008

Future Hawaii Attorney

When we started this office ten years ago, we decided to hire support staff who aspire to, one day, become attorneys. By so doing, we believed that we could be a positive influence on future Hawaii attorneys. I am proud to say that to date, we have had three former staff members become attorneys after working for me. My legal assistant, Cheryl-Ann Miyamoto, recently left the firm in order to attend the University of Hawaii William S. Richardson School of Law this fall semester. I am grateful to Cheryl for her hard work and wish her well in her future legal career. I am confident that in three years, Cheryl-Ann will be our fourth staff alumnus to pass the bar.

The newest member to our legal family, Fiamma Rago, recently moved to Honolulu from Pittsburgh, Pennsylvania. Fiamma graduated from The Pennsylvania State University in December, 2007 with a dual Bachelor of Arts degree in Political Science and Philosophy. Fiamma seems genuinely excited to begin her legal career with this office. Although Fiamma has only been with us for a short time, I am already thoroughly convinced that she will be an excellent lawyer. When Fiamma enters law school in 2010, it is my sincere hope that she will have seen, from my example, that the legal profession is not only rewarding, but honorable.

Good luck Cheryl. Welcome Fiamma.

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Tuesday, July 08, 2008

I Have A Pulse

A friend recently e-mailed me the link to an article from the June 22, 2008 Honolulu Star Bulletin.com column in which reporter Erika Engle wrote the following:
Certain blog authors' possession of an actual pulse may be questionable,...
****
A completely unscientific perusal of other large local firms websites didn't turn up blog links, but Honolulu attorney Philip R. Brown has one. His most recent entry was in February.
http://starbulletin.com/2008/06/22/business/engle

Ms. Engle seems to question, based on the recent inactivity of my blog, whether I have an "actual pulse". Although it is common for people to wonder whether trial attorneys actually have a heart beat, my doctor assures me that my pulse is fine. Still, Ms. Engle is correct about the inactivity of my blog. This office has been very busy the last few months and we have simply failed to update our blog. This is not an excuse, simply an explanation. So, there will now be far more activity on this blog. And not just so that we can prove to Erika Engle that I have a pulse.

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Friday, February 15, 2008

Honolulu Attorney Philip Brown Selected to American Trial Lawyers Association

I am honored to have been selected to the American Trial Lawyers Association (ATLA). This honor is explained in the American Trial Lawyers Association's website as follows:

The American Trial Lawyers Association, is a national organization composed of the Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile in the trial lawyer legal community.
http://www.theatla.com/about.html

Although ATLA typically selects 100 lawyers from each state, when I received notification of this honor, ATLA explained that because of the limited size of the Hawaii bar ATLA had only selected 50 qualified attorneys from Hawaii. Naturally, I was flattered to have been included on this list.

The American Trial Lawyers Association is a prestigious organization, dedicated to recognizing those trial lawyers who represent their clients vigorously and judiciously. I am humbled to have been named to ATLA.

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Wednesday, January 23, 2008

"When one door closes, another opens...."

Since the opening of this office in 1997, I have been blessed with excellent support staff. I am especially proud that two of my former assistants have moved on to graduate from law school, and are now fine attorneys. And so it is with mixed emotions that I announce the resignation of my friend, Jennifer Brantley.

Jennifer was the friendly voice many of you will recall hearing when calling this office. Although I will miss seeing her each day, I am proud that Jennifer has now fulfilled her lifelong dream of becoming a Teacher. I will also miss her daughter, Cheyenne, who used to "camp out" in our conference room when "daycare" was an issue for her mom. Although, I expect great things in the future from Jennifer, I expect even "greater" things from Cheyenne.

Although I am saddened by Jennifer's resignation, I am happy to announce the arrival of the newest member of our family, CherylAnn Miyamoto. Cheryl joins us with a very strong academic background and has just completed work with the Hawaii Legal Aid Society. Since Cheryl appears to be extremely interested in the legal profession, it is my personal hope that she will be our next staff member to go on to Law School. It is also my personal goal that by working in this office, CherylAnn, will understand that the practice of a law can truly be an honorable profession. Finally, Cheryl brings another "first" to this office. Cheryl's husband, Tyson, is a member of the Honolulu Police Department. I am confident that Cheryl will be an excellent addition to our family.

Aloha Jennifer and Cheyenne. Aloha CherylAnn and Tyson.

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Saturday, October 13, 2007

Congratulations Effie!

We are very proud to announce that attorney Effie Steiger has passed the Hawaii bar. Effie is already a member of the Nevada bar and moved home to Honolulu this past summer. We are very excited to have Effie working with us. Like everyone else in this office, the focus of Effie's practice will be Civil litigation, primarily commercial and real estate litigation.

Congratulations Effie. We expect great things from you in the future.

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Wednesday, October 03, 2007

Our Ten Year Anniversary

On October 1, 2007, we celebrated the ten year anniversary of the opening of this law office. When I was working as an associate for a New York law firm, it was my dream to open my own boutique office. This office is the culmination of that dream. Of course, when I was practicing law in New York City, I never imagined that twenty years later my boutique office would be in Honolulu, Hawaii. For this fact, I am especially thankful.

I am also grateful for my friend and office manager, Warren Fabro. Warren started this office with me in 1997, and has been working with me since the Bank of America litigation with the late David Schutter, Esq.. I am thankful to Warren, both for his friendship and hard work. I know that my personal success is, in large part, the result of our collective effort. As we approach our second decade, this office will continue to provide excellent, personalized service to our clients. Although we will grow in the next ten years, this office will remain near its current size, since I intend to be actively involved in all of my clients' cases.

Finally, I wish to thank all of the clients who trusted me to handle their affairs during the first ten years of this office. I know that there are many options available to you in my profession. I am always humbled by the faith that you place in me. I look forward to working with you all in the next decade.

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Wednesday, July 25, 2007

The Hawaii Bar Exam

For the last few weeks, attorney Effie Steiger has been on a break from this office as she studied for the Hawaii State Bar exam. Although Effie is licensed to practice law in Nevada, Hawaii law requires that she take our bar exam before may appear in a Hawaii state court. So yesterday and today, Effie has been busy taking the Hawaii State Bar exam. I am positive that Effie will pass, and look forward to her return to the office later this week.

Once she is a Hawaii attorney, we expect to see great things from Effie Steiger in her career.

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Friday, June 22, 2007

Our Law Office Staff in the Honolulu Media

My April 10, 2007 blog entry concerns the acting career of our Office Manager, Warren Fabro. In the summer of 2006, Warren appeared in a major supporting role to Richard Chamberlain in the Hawaii Opera Theatre's fine production of The King and I (which played to sold out audiences at the Neal Blaisdell Concert Hall). I was very excited to learn that Warren was recently cast in a supporting role in Hawaii Opera Theatre's production of Rodger and Hammerstein's South Pacific which opens in late July, 2007. We can all look forward to another fine production from Warren and Hawaii Opera Theatre this summer.

I am also proud of one of my legal assistants, who recently began her "television career." Jennifer Brantley volunteers as the Fundraising Manager for a non-profit organization called HonoluluMommies.com ("HM"), a local chapter of The Mommies Network. This group is an online community that provides free support to all moms, regardless of age, working or marital status. On June 21, 2007, Jennifer appeared on the KHNL's Morning Show to discuss HM's fundraiser, The Mother of All Chases, which takes place on June 23, 2007. Portions of the funds raised will be used for HM's charitable events, as well as fund newly created educational seminars for its members. A portion of the proceeds will also be used by The Mommies Network to ensure that members will continue to receive its excellent services for free.

In my April 10, 2007 blog, I wrote that Warren Fabro was the "real star of our office." I am happy that Jennifer Brantley will now be acting in a "supporting role."

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Tuesday, April 10, 2007

The Real "Star" of Our Office

Many of our friends and clients know that my office manager, Warren Fabro, is a top rate legal professional. Warren does his job well every day. Each week I am told how lucky I am that he works with me. I know how fortunate I am. What many of our clients do not realize is that Warren is also an accomplished actor. And although Warren may kill me for doing this, allow me to sing his praises.

Warren's professional acting career took off in 1988 in the film, Aloha Summer. Admittedly, the film never won any Academy Awards, but it is a very entertaining movie and Warren appears on the video cover. In fact, the NY Times wrote that "Aloha Summer is a magnificently photographed delight for surf-movie aficionados." Besides it is the only film that showcases both Warren's fighting and surfing skills.

Warren's film credits also include the movie, Picture Bride (which starred Tamlyn Tomita and Cary-Hiroyuki Tagawa). The LA Times called Picture Bride, "a gentle and eloquent tale of perseverance that blossoms finally into the most tender of love stories". It is an important film about the period between 1907 and 1924, when more than 19,000 Japanese women immigrated to Hawaii to marry Japanese sugar-cane workers. These couples knew little of each other beyond an exchange of photos. Picture Bride is based on some of the actual experiences of many such women. I am very proud that Warren appears in this film.

Another important credit for Warren was the miniseries Blood & Orchids. This miniseries starred Kris Kristofferson, Sean Young and Madeline Stowe. It told the story of four Native Hawaiian youths wrongly accused of attacking the wife of a naval officer in 1937. Based on the Massie case, it handled the difficult questions raised when four Hawaiian youth were tried by an all white Court in 1930's Hawaii. Warren ably plays one of the wrongly accused youths.

Warren has also had a distinguished television career. Last year he took off time from work to appear on the NBC crime drama, Hawaii. You may recall Warren's character running from the police through the streets of Chinatown only to be cornered in a seedy bar. Soon thereafter, Warren confesses his part in a plot to rob tourists at the Honolulu airport. Surprisingly, Warren was completely believable as a low life thug preying on unsuspecting tourists.

Warren's other television credits include Magnum PI (Tom Selleck was the second best looking guy on the show); Jake and the Fatman; and One West Waikiki.

In the summer of 2006, Hawaii audiences had the treat of watching Warren appear in a major supporting role to Richard Chamberlain in the Hawaii Opera Theatres fine production of The King and I. I was honored to attend the final performance. I am sure that I was not the only audience member who felt that Warren more than held his own with all of the other fine professional dramatic actors on the stage.

So that is a quick summary of Warren Fabro's major acting accomplishments. Those of you who know Warren, understand that he would never "sing his own praises". That is just one of the reasons that he is such a unique person. So the next time Warren assists you, remember, he is not just an excellent legal professional, Warren is also an accomplished actor.

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Wednesday, April 04, 2007

Welcome to Our New Attorney

We are pleased to welcome Effie A. Steiger as an associate effective April 3, 2007. Ms. Steiger recently completed a clerkship for the Honorable Stefaney Miley. Ms. Steiger is a 2006 graduate of the University of Nevada - Las Vegas, William S. Boyd School of Law. She graduated from the University of Hawaii in 2002 with her B.A. in Political Science.

Ms. Steiger is licensed to practice law in Nevada and will take the Hawaii Bar exam in August, 2007.

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Friday, March 30, 2007

It's Always Nice To Hear "Thank You"

When you've practiced law for over twenty years, you have to become "thick skinned." Certainly, the legal profession deserves some of the criticism that it receives from the public. However, I believe that many attorneys try to do their best each day to serve their clients and potential clients. I know that I do.

It is always nice to hear from people who are grateful for your assistance. There are two recent examples of which I am proud to share. The first involves an Army specialist with the 1st Battalion, 27th Infantry Regiment. This fine young man will soon be serving our country in Iraq. He had been swindled out of several thousand dollars by a man pretending to be a car dealer. When I learned that my new client was scheduled for a tour of duty in Iraq, I agreed to handle the case "pro bono," a Latin phrase which means "for the public good." In other words, I agreed to do the case for free.

I am happy to report that I was able to obtain title to the car for my client. Although I expected nothing in return, in March 2007, I was honored to receive a Certificate of Appreciation from the 1st Battalion, 27th Infantry Regiment of which my client is a member. I was further honored at a ceremony in which I was asked to speak to the Battalion. The first thing I noticed, was that most of the soldiers were young enough to be my children. Yet, they will soon be risking their lives in Iraq. Although my client was very grateful for my work, as I explained to his battalion, the service that I provided to him was nothing compared to the service that the men and women in the armed forces provide to all of us.

The second example that I would like to share is a very nice letter from a potential client. This potential client is a respected business man on the Big Island of Hawaii. After discussing his case with him, I determined that it would not be cost-effective for him to pay me to fly to the Big Island for his trial. I referred him to a very fine attorney in Kona who I thought would handle his case effectively yet in a more cost-efficient manner. I expected nothing in return. It was my professional duty to advise this potential client of his legal rights. Nevertheless, on March 29, 2007, I received the following letter from that potential client:

"I am taking this time to thank you for the conversation we had and the fact that you actually showed you cared. It meant a great deal to me. It's not often you find people of your quality and caring in the business world. You should be very proud. I know I am proud to have met you."

Obviously, that letter made my day. The next time you hear someone "bad mouth" lawyers, please remember that many of us care a great deal about our profession.

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Monday, November 20, 2006

Things for Which I am Thankful

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

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Thursday, November 02, 2006

Our Inactivity

Sorry for the inactivity. We have been experiencing technical difficulties with our blogging capabilities. We think we have corrected the problem and our back on line.

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posted by PhilBrown at 5:14 PM 0 comments

Tuesday, August 22, 2006

This is the first entry into my legal blog. I have decided to write this blog to discuss issues in the Hawaii legal community that I feel are important. I also hope that my clients, potential clients and friends will learn about my philosophy concerning the practice of law. Therefore, for my initial blog, I felt it prudent to discuss that philosophy.

I graduated from Washington & Lee University School of Law in 1985. At the start of my career I worked for very large law firms on some major cases. In the 1980's, it seemed that a team of lawyers was necessary to handle a big case. Indeed, when I first became an attorney, my job typically was to sit in a law library and perform research for older, more experienced lawyers. Since computer legal research was in its infancy in the 1980's, it was necessary to spend countless hours in large law libraries researching hardbound volumes hoping to find one case that could help your client. Computerized legal research has dramatically changed the practice of law forever.

In 2006, it is not necessary to be represented by a legal team. When I started my own law office in 1997, I decided not to purchase a law library. All of my legal research in my office is performed via the internet. As my clients know, I litigate effectively against much larger law firms. This is a fact. I am able to do so, not because I am vastly superior to other attorneys, but because I use technology. I do not need a team of lawyers to assist me. My clients do not have to finance that team. I believe that this is the future of the practice of law. Technology has changed almost every industry in the world. The legal profession is not immune from the efficiencies of technology.

However, each attorney should be vigilant to ensure that technology improves the services we provide to our clients. Lawyers can serve clients more effectively if we rely upon ourselves, rather than a staff of associates. Of course, recent technological advances can weaken client services. Indeed, it is now possible for an attorney to become more isolated from their clients by being overly dependent on technology. Some lawyers use answering machines and email as buffers between themselves and their clients. It also troubles me that there are lawyers who have their legal documents "ghost" written by attorneys who do not even work for their law firms (or even practice in their jurisdiction). Although technology has forever changed the legal profession, an attorney cannot allow technology to compromise the quality of legal services provided to his or her clients.

So as I enter my new life as a blogger, I am optimistic that this will be a positive force for the discussion of legal issues facing Hawaii attorneys and our clients. I welcome your comments.

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