In years past, it was a common practice of Hawai`i court reporters to initiate the inquiry to a deponent or deponent’s lawyer about reviewing and signing her deposition transcript. Not anymore. Since early 2012, Hawaii court reporters have stopped that practice, leaving it to the party conducting the deposition to inform the witness of the opportunity to review and sign the transcript. If the deposing lawyer does not ask the witness, then the witness or his lawyer should make the “ask”, preferably at the start of the deposition before the matter is forgotten in the “heat of battle” or end-of-deposition exhaustion.
Ninth Circuit Judge Clifton’s Tips for Oral Argument
At the March meeting of the HSBA Appellate Section, Ninth Circuit Judge Richard Clifton shared his valuable tips for oral argument. Here is his list of “Ten Things Lawyers Should Know about Oral Argument” with a summary of my favorite take-aways:
1. The briefs are usually more important, but argument comes right before the decision will be made. Judges prepare for oral argument based on what is in the brief. Do not hesitate to use visual aids in the brief (such as photographs) that are in the record. It rarely succeeds to add new arguments in oral argument – if you realize the brief did not adequately cover an issue, try to fit your new points into the structure of the argument in the brief.
Copyright and the Internet: Watch Out When Using Photographs on Commercial Websites
You surfed online and found the perfect wave photo for your paddleboard business’s website. It was readily available on the internet and not offered for sale through a stock photo company. You’re free to use it, right? Not so fast!
Flynn v. Holder: The 9th Circuit Expands Legal Sales for Life-Saving Blood Cells
On December 1, 2011, the U.S. Court of Appeals for the 9th Circuit (Hawai’i, Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon and Washington) ruled that the federal ban on selling organs does not apply to certain blood cells obtained through a process called apheresis. While the selling of bone marrow obtained through the traditional aspiration method remains illegal, the Court’s ruling means that the sale of blood cells obtained through apheresis is now legal in Hawai`i. This is a significant step forward for proponents of legalized organ sales, although the court ruled narrowly and declined to legalize sales of solid organs.
AJA Redress: How Young Lawyers Helped Shape History
By Ellen Godbey Carson and Shellie K. Park-Hoapili
“If you have the feeling that something is wrong, don’t be afraid to speak up.”
- Fred T. Korematsu
February 19 marks the 70th anniversary of Executive Order 9066, which tragically resulted in the exile and imprisonment of over 120,000 Americans of Japanese ancestry (“AJAs”) from the West Coast during World War II. In 1983, three teams of young attorneys (including former Alston Hunt Floyd & Ing Of Counsel Leigh-Ann Miyasato on the Korematsu team) filed writs of coram nobis (error upon the court) to overturn the wrongful convictions of Fred Korematsu and others who violated the exile and imprisonment orders (Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984; Hirabayashi v. United States, 828 F.2d 591 (9th Cir. 1987), Yasui v. United States, 772 F.2d 1496 (9th Cir. 1985). These attorneys believed in a larger social purpose and were not afraid to speak up. The result – an unprecedented landmark victory! Never before in American legal history had a comparable effort been mounted to overturn convictions in cases that had been finally decided by the United States Supreme Court.
Justice Sotomayor Inspires the Hawai`i Legal Community
Associate Justice Sonia Sotomayor created a buzz in the Honolulu legal community as the 2012 star of the William S. Richardson School of Law’s Jurist-in-Residence Program. Justice Sotomayor packed in presentations to public school students at Farrington High School, University of Hawai`i law students and faculty, Hawaii State Bar Association members and Hawaii Women Lawyers/Hawaii Women’s Legal Foundation members. At a breakfast hosted by HWL/HWLF, Justice Sotomayor offered valuable practice pointers for U.S. Supreme Court advocates – pointers that are useful for any advocate:
AHFI Obtains Injunction Requiring State of Hawai`i to Improve Processing of Food Stamps
By Paul Alston
Teaming with the New York-based National Center for Law and Economic Justice and the Hawai`i Appleseed Center for Law and Economic Justice (formerly Lawyers for Equal Justice), Alston Hunt Floyd & Ing lawyers Blaine Rogers and Paul Alston recently persuaded the United States District Court that the State of Hawai`i has chronically violated its obligation to timely process applications for food stamp assistance. On January 23, 2012, the Court entered an injunction requiring the State to improve its performance and expedite processing times. Eventually, the State will be required to comply fully with the processing standards imposed by the federal government. A copy of the injunction order can be found here.
Buried Treasure: Helpful Hints for Practicing in State Court on O`ahu
By Louise Ing
How long will it take to get a hearing before Judge X? Will the judge entertain discovery conferences? What judge has word limits on objections? These and other burning how-to questions are answered by many of O`ahu’s state circuit court judges in surveys they voluntarily filled out for the Hawaii State Bar Association’s Judicial Administration Committee in 2011. The surveys are posted on the HSBA’s website, www.hsba.org. To avoid digging around the website (go to “For Lawyers”, then “Lawyer Resources”, then “2011 Judicial Surveys”), here’s a convenient link to the survey. The link also gives a summary of how the surveys were developed and the all-important disclaimer about possible future changes, http://hsba.org/Judicial_Survey.aspx.
Hawai`i Real Estate Law 101: Two Recording Systems
By Neil F. Hulbert and Shellie K. Park-Hoapili
There are some unique aspects to Hawai`i real estate law. One of these is Hawai’i's dual land recording system. Hawai‘i is one of the few states with two recording systems for interests in real estate – (1) the “Regular System” and (2) the “Land Court System.” It can come as a rude surprise to the unwary that case law applicable to one recording system does not apply to the other. What is the difference? Read on!
Facebook isn’t just for “Friending”: Social Media as a Discovery Tool
As more and more people choose to live their lives via social media, a cultural phenomenon has become a rich new source of potential legal evidence. It always bears reminding that part of a lawyer’s discovery toolkit is performing a thorough internet search for information on an opposing party, witnesses, experts, judges, and jurors by both searching on Google and directly on social media sites such as Facebook, MySpace, Twitter, YouTube, Tumblr, and LinkedIn. Social media sites have become invaluable sources of evidence, as courts have been reluctant to draw any real distinction between discovery of social media and discovery of any other type of electronically stored information.