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Posts Tagged ‘Honolulu personal injury attorney’
Friday, December 7th, 2012
Philip R. Brown was once again listed in Honolulu Magazine’s annual issue of The Best Lawyers in Hawaii.
Philip Brown is also listed in The Best Lawyers in America. Mr. Brown also has the highest ethical/legal rating (AV) from Martindale Hubbell. Mr. Brown is also listed by the National Trial Lawyers Association in the Top 100 Trial Lawyers. Mr. Brown is listed in the Bar Register of Preeminent Lawyers under Civil Trial Practice, Commercial Litigation, and Personal Injury. This is the third consecutive year that Mr. Brown has been recognized in Honolulu Magazine as one of the Best Lawyers in Hawaii.
This was also a banner year for firm attorney Effie Steiger. In 2012, the National Trial Lawyers recognized Effie Steiger as one of the “Top 40 Under 40” trial lawyers in Hawaii.
Tags: Best Attorney in Hawaii, Best Hawaii Attorneys, Best Hawaii Lawyers, Best Hawaii Trial Attorneys, Best Hawaii Trial Lawyers, Best Honolulu Attorneys, Best Honolulu Lawyers, Best Lawyers, Best Lawyers in America, Best lawyers in Hawaii, Big Island Lawyer, Commercial Litigation, Effie Steiger, Hawaii, Hawaii Attorney Phlip Brown, Hawaii commercial litigation, Hawaii Lawyer, Hawaii Personal injury attorney, Hawaii Real Estate Litigation, Honolulu Lawyer, Honolulu personal injury attorney, Kauai Lawyer, Maui Lawyer, Office News, Philip R. Brown, Top 100 Lawyers
Posted in Office News, The Legal Profession | Comments Off
Wednesday, September 26th, 2012
The National Trial Lawyers Association has selected Hawaii attorney, Effie Steiger, of the Law Offices of Philip R. Brown, for inclusion in “Top 40 under 40” trial lawyers in Hawaii.
The National Trial Lawyers Top 40 Under 40 is a professional organization comprised of America’s top young trial lawyers. According to the National Trial Lawyers Association, “Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research. The result is a credible, comprehensive and impressive list of young attorneys chosen to represent their state. Those lawyers selected have excelled in the court room, possess superior qualifications, and have displayed leadership as young trial lawyers.”
Ms. Steiger, a graduate of UNLV Law School, focuses on commercial litigation and personal injury matters. Since her admission as a Hawaii attorney in 2007, Ms. Steiger has been involved in several trials, arbitrations and mediations. Ms. Steiger was also recently sworn in as an arbitrator in the Hawaii Court Annexed Arbitration Program.
Tags: Best Attorney in Hawaii, Best Hawaii Trial Attorneys, Best Hawaii Trial Lawyers, Best Honolulu Attorneys, Best Honolulu Lawyers, Best lawyers in Hawaii, Big Island Attorney, Big Island Lawyer, Effie Steiger, Hawaii, Hawaii Attorneys, Hawaii commercial litigation, Hawaii Lawyer, Honolulu Attorney, Honolulu Lawyers, Honolulu personal injury attorney, Kauai Attorney, Kauai Lawyer, Maui Attorney, Maui Lawyer, National Trial Lawyers Association, Oahu Attorney, Oahu Lawyer, Office News, The Legal Profession, Top 40 Under 40
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Thursday, February 2nd, 2012
A Hawaii personal injury attorney must be mindful of special procedures he or she must follow when litigating a personal injury action on behalf of a minor or an incapacitated person. Because a minor or incapacitated person cannot make an informed decision regarding his or her case, Hawaii law requires that any settlement or judgment received in a minor’s court case be approved by a judge presiding in probate and that a conservator is appointed on behalf of the minor or incapacitated person. Rule 101 of the Hawaii Probate Rules makes it the Plaintiff’s Attorney’s responsibility to initiate a conservatorship action for the eventual settlement or judgment in favor of the minor or incapacitated plaintiff. Rule 101 of the Hawaii Probate Rules states as follows:
Rule 101. PERSONAL INJURY RECOVERIES.
When a minor or incapacitated person receives a settlement or judgment from any claim or action, a conservatorship action must be initiated by the plaintiff’s attorney and any settlement approved by the court insofar as it affects the protected person or respondent. The judge presiding in probate shall appoint a conservator for the minor or incapacitated individual and determine whether any settlement is reasonable. A flag sheet shall be presented pursuant to Rule 103 for any hearing on a petition that seeks compromise of a tort claim on behalf of a minor or incapacitated person.
Hawaii Rules of Probate Court R. 101.
The personal injury attorney’s responsibility to initiate conservatorship proceedings and obtain judicial approval of settlement or judgment extends to matters in Federal Court. Indeed, Rule 17.1 of the Local Rules of the District Court of Hawaii requires that Federal Court litigants abide by state laws (i.e., HRP 101) as to court approval of settlements involving minors. Rule 17.1 provides as follows:
Except as otherwise permitted by statute or federal rule, no action by or on behalf of a minor or incompetent shall be dismissed, discontinued, or terminated without the approval of the court. When required by state law, court approval shall also be obtained from the appropriate state court having jurisdiction over such matters for any settlement or other disposition of litigation involving a minor or incompetent.
LR 17.1 (emphasis added).
Additionally, even Hawaii personal injury attorneys obtaining settlements or awards in arbitration in favor of a minor or incapacitated person must initiate a conservatorship proceeding and have that settlement or award approved by a judge sitting in probate. H.R.S. § 658A-22 states that a party receiving an arbitration award may ask the court to confirm the award. H.R.S. § 658A-22 provides as follows:
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 658A-20 or 658A-25 or is vacated pursuant to section 658A-23.
HRS § 658A-22.
The confirmation of an arbitration award converts the award into an enforceable judgment, thus triggering Hawaii Probate Rule 101. Mikelson v. United Services Auto. Ass’n, 122 Hawai’i 393, 396 (Hawai‘i App. 2010) (“Confirmation of an arbitration award is an ‘expeditious procedure for reducing or converting the arbitration award to a judgment which can be enforced by judicial writ.’”). The Hawaii personal injury attorney who receives a favorable outcome for his or her minor or incapacitated client is cautioned not to forget these important special requirements in representing a minor or incapacitated client.
Tags: Big Island Attorney, Big Island Personal Injury Attorney, Hawaii arbitration, Hawaii Attorney, Hawaii Personal Injury, Hawaii Personal injury attorney, Hawaii Probate, Hawaii Settlements for Incapacitated Persons, Hawaii Settlements for Minors, Honolulu Attorney, Honolulu personal injury attorney, Kauai Attorney, Kauai Personal Injury Attorney, Maui Attorney, Maui Personal Injury Attorney, Oahu Attorney, Oahu Personal Injury Attorney
Posted in Civil Procedure and Trial Practice, Mediation and Arbitration, Personal Injury, The Legal Profession | Comments Off
Friday, June 29th, 2007
Choosing the right Hawaii personal injury lawyer is one of the most important decisions a client will make when seeking compensation for injuries.
If you are searching for a personal injury lawyer in Hawaii, there are certain factors you should look for to make sure that you choose the personal injury lawyer that is right for you:
Select an attorney that is experienced with personal injury cases. By choosing a lawyer that is experienced in personal injury claims, you can be sure that he or she they will know how to handle your case. Not all attorneys are familiar with the nuances associated with civil litigation and personal injuries.
Select a lawyer with an effective track record. Make sure your attorney is capable of taking your case to trial. Not all personal injury attorneys are trial attorneys. I believe that the best way to obtain compensation for your injuries is to prepare your case for trial. If the defense attorney does not respect your counsel (and understand that you are ready and willing to go to trial), they will likely not negotiate in good faith.
Your personal injury lawyer should have many years of experience handling a wide variety of cases.
Select a personal injury lawyer that is in good standing with the Hawaii bar. You can visit the Hawaii State Bar Association (www.hsba.org) to confirm that the attorney you are considering is in good standing.
Make sure your attorney has malpractice insurance. It is your right to know whether your attorney has adequate malpractice insurance. If you ask your potential attorney whether he has this insurance, and he refuses to respond, simply hire another attorney.
Make sure that your personal injury attorney will take control of your compensation requests. Accident victims need time to heal. They should not be distracted by the “red tape” generated by the medical insurance industry. Your personal injury attorney should be ready and willing to assist you with these issues or you should hire a different attorney.
Finally, you should trust your attorney. The attorney client relationship is the same as any other personal relationship in the sense that there must be complete candor if it is to succeed. Tell your attorney what you are seeking and ask him or her if that is a realistic goal. And be skeptical of attorneys who are willing to promise you extraordinary results in your first meeting. Ask tough questions and listen to the responses. If your potential attorney is the right person for the job, he or she should certainly be able to respond clearly and honestly to your questions.
Tags: Civil Procedure and Trial Practice, Commercial Litigation, Hawaii accident victim, Hawaii accident victim attorney, Hawaii car accident attorney, Hawaii Personal injury attorney, Hawaii Real Estate Litigation, Honolulu car accident attorney, Honolulu personal injury attorney, Kauai Personal Injury Attorney, Personal Injury, Personal Injury Cases, personal injury claims, The Legal Profession
Posted in Civil Procedure and Trial Practice, Commercial Litigation, Hawaii Real Estate Litigation, Personal Injury, The Legal Profession | Leave a Comment »