Category: Visiting Attorney Tips

Since the Hawai‘i legislature enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2012, procedures have been streamlined for attorneys in other UIDDA states to issue subpoenas and discovery requests across the Pacific Ocean. Although each state’s version of the UIDDA is not quite as “uniform” as might be… Continue Reading
Perspectives:  Louise Ing by Michelle N. Comeau Hawai`i courts make clear that out-of-state counsel representing clients pro hac vice in Hawai`i must associate with one or more Hawai`i attorneys, and that Hawai`i counsel are expected to participate meaningfully in all aspects of the case (including serving as lead trial counsel, if the case reaches that stage).  In theory, teaming up an out of town attorney who specializes in a particular legal area or client with a Hawai`i attorney who is well-versed in bringing or defending that type of litigation here in Hawai`i should deliver top results that enhance what either lawyer or firm could accomplish on her own. As recognized by most attorneys who have been in these relationships, however, it’s not always smooth sailing.  What are the features of the pro hac vice/local counsel relationship that best reflect a true strategic alliance between counsel?  And how do you get there? Louise Ing estimates that she has served as local counsel on scores of matters over 35 years of practice in Hawai`i, from patent infringement to breach of contract and everything in between.  Ing views these matters as more than ordinary cases; they are opportunities to observe firsthand how other law firms run their cases and to work with accomplished attorneys nationwide. Continue Reading
Practice tips from Hawai`i’s Federal Magistrate Judges Kurren, Chang, and Puglisi By Jessica Cooney and Louise Ing In the February 2014 issue of the Hawai`i Bar Journal, Hawai`i Federal Magistrate Judges Barry M. Kurren, Kevin S.C. Chang, and Richard Puglisi were interviewed about their expectations for lawyers practicing in their courts. Continuing a path of past panel discussions featuring Hawai`i judges, the overarching themes of the interviews were: preparation, credibility, and civility. Continue Reading
By Louise Ing Or, “What should I take home in my briefcase when a pineapple just won’t fit?”  Long breaks during a mediation session can result in all kinds of topics being discussed, as parties and counsel wait for a caucus with the mediator.  As a result, in between our posts about law and procedure, we’ve written on a lighter note about the most frequently asked questions from visiting lawyers and clients, such as “What should I wear in court?”  or “Where should I eat after a long day in court?”  One of the topics that arose during a recent Honolulu mediation was the critical mission given to our Mainland-based clients by their office staff: “Bring back cookies from Big Island Candies!” That led to a broader discussion, one open to lively debate, of favorite goodies to bring back from Hawai`i for friends, co-workers and family. In Hawai`i (and Japan, where the word originated), we commonly refer to such treats as “omiyage” – candies and other edible gifts to take home from travels for co-workers and family. Continue Reading
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. Continue Reading
by Stephen M. Tannenbaum and Louise K. Y. Ing As one may have gathered from our November 7 posting, More Little Known Facts About Pro Hac Vice Applications In Hawai`i State Court, pro hac vice applications for out-of-state lawyers are not always granted as a matter of course by Hawai`i courts.  In the third part to our postings on pro hac vice applications, we cover some of the case-by-case situations in which Hawai`i state and federal courts have (1) refused to allow admission to a lawyer who is not licensed to practice law in Hawai`i or (2) where pro hac vice status, once granted, was later revoked.  Here are examples: Continue Reading
by Tina L. Colman and Stephen M. Tannenbaum As indicated in our September posting, "Tips for Appearing Pro Hac Vice in Hawai`i Courts", pro hac vice applications in Hawai`i courts are not just a pro forma filing.  For instance, in applications for pro hac vice admission filed in the court of at least one state court judge in Honolulu, declarations of out-of-state lawyer applicants must include the statement: Continue Reading
by Robert J Martin, Jr. This posting has been updated to reflect the revised template for pro hac vice admission in the United States District Court for the District of Hawaii. When out-of-state counsel become involved in a Hawai`i case, one of the most important issues to address early on is whether counsel will appear pro hac vice. Both the U.S. District Court and the Hawai`i state courts require outside counsel to apply for pro hac vice admission. Out-of-state counsel representing a party in a regulatory proceeding  before a state agency have also been required to seek pro hac vice admission through a "special proceeding" filed in state court.  Although the admission process for the federal and state courts is similar in many respects, there are some notable differences. Continue Reading
by Shellie Park-Hoapili and Erica M. Chee For those of us accustomed to practicing in Hawai‘i, hearing and reading Hawaiian words and phrases in court and in pleadings is not unusual.  Local lawyers understand the meanings for many common Hawaiian words because Hawaiian is one of our state's official languages, and Hawaiian words pop up in everyday language.  However, many out-of-state lawyers are left in the dark.  To help our out-of-state practitioners understand what is being said, here is a list of some common Hawaiian words that one might encounter in court, pleadings or conversation: Continue Reading
by Daniel Povich and Shellie Park-Hoapili Guide books and travel websites are filled with restaurant recommendations for O`ahu.  The following – early results of an informal survey of AHFI attorneys – are dining choices praised by visiting mainland counsel.  Follow the hyperlinks for menus, hours of operation, and dress code.  Stay tuned for recommendations of casual, local-style, and breakfast grindz including on the neighbor islands. Continue Reading