Justin Chu recently joined our firm. I asked him to write a blog about his experiences thus far. Here it is:

As written in a previous blog, I joined this office in July of 2010. Having graduated from law school in May of 2009 and passed the bar in November, this is my first associate attorney position. My blog entries, therefore, will be about the practice of law as seen by someone just out of law school.

Being a law student and being a law practice professional are, surprisingly, two very different experiences. In law school, there are no clients, no judges, and no opposing counsel – only other students and professors. Unless she takes it upon herself to participate in extracurricular activity, all of a law student’s legal writing takes place once a semester during exams. A law student’s finest legal thinking often takes place while wearing sweat pants and an old t-shirt.

To me, the greatest difference between the two experiences is the client. A lawyer’s work is driven by clients. This may seem obvious, but is something that I’m learning in my first year. The lawyer’s job is to best to accomplish his client’s goals. The one common question I always hear asked to potential new clients is “What is it that you want us to help you with?”

That question is not asked in law school. There are no clients, just final exams. A law student does not ask a client about what happened, or what the client would like accomplished. There are no facts to be discovered. The law student is given an objective prompt - the facts often describe a scenario involving multiple people that eventually lead to a conflict. The student is not to assume any facts not written in the question. The exam then directs the test taker to “Determine Person X’s liability.” After this, the law student applies his knowledge of the relevant law to the facts, makes an argument both for and against Person X, and finally gives an opinion of Person X’s probable liability/non-liability. This ends the question. There is no lawyer asking the client “What do you want us to help you with?” In law school, we never consider whether the client should settle his claim or pursue arbitration/mediation. In law school, the client always has unlimited funds, time, and determination to get his dispute all the way to a judge.

I have already found that this is not true in the real practice of law. Clients have limited funds and time. The facts of a client’s problem are not presented in a few well written, grammatically correct paragraphs. A lawyer must uncover those facts from his client, from the opposing party, from witnesses, and documents. An important question I have learned I must always ask myself while doing my work is “Is what I am doing cost efficient for the client?”

While going from school to practice is an adjustment, it is a welcome one. Meeting a client whose case I am working on gives me extra motivation to do my best, as it lets me know that I’m helping out real people with an important dispute in their lives. And, contributing to a successful motion or trial is a much more exciting experience than getting an A.

I am eager to continue to learn the ins and outs of practice and to share these experiences.

Labels: Office News, The Legal Profession

A new rule governing Hawaii attorneys was adopted this year. This rule provides that starting from January 1, 2010, all active members of the Hawaii Bar are required to complete at least 3 credit hours of approved Mandatory Continuing Professional Education (MCPE) each calendar year. The rule governing mandatory MCPE credits in Hawaii is Rule 22 of the Rules of Supreme Court of the State of Hawaii. Rule 22 also encourages that attorneys complete 9 or more credit hours per years of approved Voluntary Continuing Legal Education (VCLE). Attorneys are required to certify and report the completion of their MCPE and VCLE credits annually. To fulfill their MCPE and VCLE credits, attorneys may attend “[c]ourses and activities sponsored by the Hawaii State Bar Association (HSBA) or the American Bar Association, and classified by the HSBA as MCPE or VCLE.” Supreme Court Rule 22(f). Alternative means for Hawaii attorneys to meet their MCLE and/or VCLE credits are provided for in Rule 22(e) and are also subject to HSBA approval.

Comment to Rule 22 reveals the intent behind adopting this rule and provides as follows:

Continuing professional and legal education contributes to lawyer competence and benefits the public and the legal profession by assuring that attorneys remain current regarding the law, the obligations and standards of the profession, and the management of their practices. Voluntary continuing legal education is valuable to lawyers and attendance at courses is encouraged. These new rules are expected to result in a substantial increase in course attendance and participation in activities that earn MCPE and VCLE credit, with resulting enhancement of lawyer services to clients.

Comment to Supreme Court Rule 22.

For more information concerning this new rule, one could view the Hawaii State Bar Association website at http://www.hsba.org/MCLE.aspx.

Labels: The Legal Profession

The Law Offices of Philip R. Brown is happy to welcome Courtney Henderson. Ms. Henderson has her M.A in English Literature from the University of Toledo (2009) and her B.S. in Magazine Production Journalism from Florida A&M University (2008). Courtney is currently pursuing her doctorate at the University of Hawaii, in Linguistics, Language Documentation and Conservation.

Courtney will serve as a paralegal on many of our civil litigation matters and will use her journalism background to assist us with our blog. Obviously, we are delighted to have Courtney join our firm.

Labels: Office News

Hawaii attorney Justin M. Chu has joined our firm as an associate. Justin is a 2009 graduate of the University of Memphis School of Law. At the University of Memphis, Justin was on the Law Review where he also served on the Editorial Board as Business Editor. In addition, Justin received Cali Awards in Civil Rights and Fair Employment Practices.

Justin is a 2004 graduate of Vanderbilt University where he majored in Mathematics and minored in Computer Science. After graduation from Vanderbilt, Justin worked as a Consultant/Pharmacy Technician for Priority Healthcare Corp. While at Vanderbilt, Justin was a teaching assistant in Calculus. In short, Justin has an impressive, varied background and skill set that will only enhance his legal practice.

Justin Chu's practice with this office will focus on Civil Rights, Commercial Litigation and Civil Trial Practice cases.

Welcome Justin.

Labels: Office News

Intermediate Court of Appeals Judge, the Honorable Katherine Leonard, has been nominated by Governor Lingle to serve as our next Chief Justice of the Hawaii Supreme Court. On August 3, 2010 the Senate Judiciary Committee heard testimony to consider her qualifications. I attended the entire hearing and was honored to give testimony in support of Judge Leonard. Judge Leonard has broad support among the Hawaii legal profession. The Senate Judiciary Committee heard testimony in support of Judge Leonard from the Hawaii Attorney General, the Honolulu Prosecutor's office, the Public Defender's Office, former Hawaii Supreme Court Justice Klein, several retired Judges of the Hawaii Circuit Court, the Hawaii Women's Lawyers Association and several of her former law professors at the William H. Richardson School of Law. Many of Hawaii's most prominent attorneys also testified in strong support of Judge Leonard.

There also were some prominent critics of Governor Lingle's selection who gave testimony that Judge Leonard simply is not ready to be Chief Justice of the Hawaii Supreme Court. No witness questioned Judge Leonard's honesty, intellect, or work ethic. Although I have great respect for those individuals that testified against Judge Leonard's nomination, respectfully, I disagree. I have known Judge Leonard for seventeen years, since we were both associates at the Carlsmith Ball law firm. She is a tireless worker, has great intellect, and is devoted to the Judiciary. Although a few witnesses questioned whether Judge Leonard has the leadership qualities necessary to be Chief Judge, based on my personal knowledge of Katherine Leonard, I am ready to follow Judge Leonard's leadership.

Judge Leonard will be an excellent Chief Justice of the Hawaii Supreme Court.

Labels: The Legal Profession

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.

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.