Hawaii’s Legal Field Overview
Hawaii’s legal landscape is as unique and diverse as the state itself, shaped by its rich cultural heritage and its geographic isolation in the Pacific Ocean. The legal system in Hawaii is a blend of Eastern and Western legal traditions, reflecting the influence of the native Hawaiian culture, the influence of Western settlers, and the unique historical circumstances that brought the islands under U.S. jurisdiction. As a result, practitioners in Hawaii benefit from a rich tapestry of governing laws that combines elements of international law, common law, statutory law, and native Hawaiian traditional practices.
As a U.S. state, Hawaii adheres to the uniform federal laws working alongside state laws in a manner similar to the rest of the country. The Hawaii Revised Statutes (HRS) serve as the codification of general laws enacted by the Hawaii State Legislature. Chief among these are the Hawaii Constitution, which sets forth the framework for state government, and the Hawaii Rules of Evidence and Hawaii Rules of Civil Procedure, governing court cases at all levels. In practice, these federal and state laws interact with unique cultural norms and unofficial customs of the native Hawaiian communities, particularly in fields like land use, environmental law, familial relations, and traditions concerning natural resources.
In the field of real estate, for instance, the concept of "kuleana," meaning "responsibility" in Hawaiian, refers to the customary rights that native Hawaiians have over specific parcels of land and natural resources passed down from their ancestors. This concept greatly influences issues of ownership, land use, and land development. In the areas of real estate and business law, it is important to understand this concept of kuleana and the cultural interests native Hawaiians have in traditional lands, as this may be subject to special protections and regulations not applicable to non-Hawaiians.
Native Hawaiian culture and community systems also have a major impact on Hawaii’s trust and estate law practice. Attorney and lei makers alike are beholden to the longstanding cultural tradition of "lei noho," or "laying of the lei", which describes the fiduciary duty of a person to manage an estate in a manner that ensures its future for the next generation . When establishing a revocable or irrevocable trust, it is crucial to incorporate the anticipated long-term benefits of a peaceable arrangement with living family members and future generations.
Common law principles also play an important role in Hawaii’s legal landscape. Hawaii courts may consider the rulings of other U.S. courts when deciding legal disputes. Furthermore, unlike many states, courts in Hawaii do not apply the "rule of rigid stare decisis," which means judges are free to revisit past rulings to determine how they should be applied in the context of new context that was not previously possible. This approach allows for greater flexibility in the development of new case law and the application of legal precedent, particularly in rapidly-evolving sectors like business, digital media, and financial technology.
The practical implications of Hawaii’s unique regulatory environment are numerous and range from simple preferences in certain courtrooms to more complex variations in enforcement of regulations to protection of certain classes of employment and business activity from global competition. For example, the Hawaii Business Corporation Act establishes corporate entity structures that limit the formation to only corporate stock and have restrictions on ownership of stock. The Act also restricts the sale of securities and the issuance of stocks or bonds without prior approval from the Director of the Department of Commerce and Consumer Affairs. Hawaii Real Property Law has special provisions for agriculture, residential development, mineral exploration, and wildlife conservation, among others.
The geographical distance between Hawaii and the mainland creates a much-needed degree of independence in Hawaii law. While the 9th Circuit Court of Appeals can hear appeals from Hawaii, local trials, licensing, and administrative procedures have a very different feel and tempo that helps facilitate longstanding local customs. For law firms operating in Hawaii, this unique constellation of legal elements shapes the practice of law and can allow for greater flexibility in interactions with the courts and regulatory authorities.
Leading Law Firms in Hawaii
Some of the top law firms using LawyerCatalog include: Carlsmith Ball LLP and Cades Schutte LLP.
Carlsmith Ball LLP is a full-service law firm with offices in Hilo, Kona, and Honolulu. Formed from two Hawaii-based predecessors in 1975, this AV-rated firm has expanded its reach throughout the islands and the U.S. mainland, offering a wide range of legal services to clients across every industry. Its practice areas include alternative dispute resolution, aviation, business litigation, construction, corporate/M&A, employment and labor, environmental law, government affairs, health law, insurance coverage, international law, real estate and banking, and tax, trusts & estates. They have served many prominent clients over the years, including Hawaiian Airlines, the State of Hawaii, the City & County of Honolulu, the University of Hawaii System, Hawaiian Electric Company, McDonald’s restaurant, Bank of Hawaii, First Hawaiian Bank, Hawaiian Telcom, and Taco Bell Hawaii.
Founded in 1857, Cades Schutte LLP is Hawaii’s oldest and largest law firm, with a team of 85 attorneys. Its general litigation services include business torts, class actions, employment and labor, insurance coverage and bad faith, intellectual property, land use, real estate, and professional liability. In addition, they have extensive experience in acting as Hawaii counsel on deals and disputes involving highly complex issues of wider application. Their client list includes some of the oldest and largest corporations doing business in Hawaii. Its attorneys also consistently achieve high peer rankings in both local and national publications, including Chambers USA, Hawaii Business, and Pacific Business News. The firm is divided into numerous departments and industry teams.
Selecting the Ideal Hawaii Law Firm for You
When looking for a law firm in Hawaii, there are a number of factors that you should consider before making your selection. Not all law firms are created equal, and the last thing you want is to hire a law firm that is not well-suited for your particular legal needs.
First and foremost, consider the area of expertise of the firm. Not all lawyers are created equal, and this is especially true when it comes to the law itself. Every lawyer, whether they graduated last in their class or first in their class, has to pass the bar exam and obtain at least one license to practice law. However, every lawyer that passes the bar is not equally knowledgeable. Specialization and expertise when it comes to knowledge of the law are very important. Make sure the law firm you select specializes in the area of the law you need help with, whether it is estate planning or business law.
Another important factor is client reviews and testimonials. If there is a way to see reviews of the law firm that you are interested in, this is always a good idea. This goes further than just looking up reviews online, however. Clients will have a lot to say about the firm that they worked with on the Internet, so look at every review you can find. You should also look for reviews on sites such as Yelp, Google, and even Facebook.
It is also important that you ask the law firm for their success rates. Find out how much they have won for past clients, and how much they have lost. This does not have to be an exact number, but a range is usually sufficient to get an idea of how much you can likely expect when you bring your case to them. For example, if law firms usually win 80 to 90% of their cases, then winning only 60% could signal a red flag that they do not advocate aggressively on behalf of their clients.
Finally, you will want to make sure that you have a good rapport with the lawyers you are going to be working with. The last thing you want is to hire a law firm that you do not feel comfortable with or sharing information with. They should be able to easily understand your situation, and work with your goals from the start.
Hawaii Law Firms Service Offerings
Hawaii law firms typically offer an array of services that cater to both individuals and businesses. These services can vary depending on the size of the firm and its area of specializations. Many Hawaii law firms focus on practicums such as real estate, family law, business law, trust law and estate planning, personal injury, litigation and commercial law, intellectual property, and tax law, among other areas. A number of Hawaii law firms also have extensive experience with trust administration, and with a real estate market that is so dynamic, and so much of the land here entrusted to trusts, real estate law is a common area of practice for Hawaii firms.
Family law is another area of strength for many Hawaii law firms. A state well known for its leading role in divorce, the Hawaii firm you choose should have family law experience so that your attorney can ease you through this difficult period . Similarly, estate planning is an area where local firms can offer unique services not found in the mainland, especially when it comes to working with native Hawaiians who may wish to preserve their inherited lands.
Real estate is an important area of law in Hawaii. Whether estate planning, purchase or sale of property, zoning or property management, such services demand local expertise to navigate the often unique and esoteric laws that govern real estate on the islands. Business law is another common area of practice for Hawaii firms, which can be highly specialized if you are a new start-up business. In the case of larger firms, or full-service firms, expect to have litigation services and intellectual property services, among other areas as well.
While the area law firms do not differ much from those on the mainland in principle, they may find that small island firms offer some unique services that larger firms do not.
Hurdles Encountered by Hawaii Law Firms
Law firms in Hawaii face a set of unique challenges that may impact their operations and client service. The most significant of these challenges is the state’s geographic isolation, which can narrow the pool of potential clients and limit access to certain types of information and resources. Competition is also a major issue, as Hawaii law firms must compete not only with other local firms, but also with national and international firms that seek to establish a presence in the state. Competition for legal talent is also a challenge, as Hawaii-based firms must compete with mainland firms for a limited pool of high-quality attorneys.
Regulatory changes also impact Hawaii law firms. Changes to legal practice rules and ethics requirements may force firms to adjust their policies and practices to remain in compliance. Economic factors, including fluctuations in the local economy and changes in consumer spending, can also affect the demand for legal services.
Despite these challenges, Hawaii law firms have been able to adapt to the unique challenges of the local market. Most firms employ a range of strategies to provide high-quality legal services despite the challenges they face. These strategies may include the use of technology to streamline processes, increased investment in professional development and training to ensure lawyers and staff stay up-to-date on legal developments, and collaboration with other firms and organizations to provide clients with a broader range of services and access to expertise.
Future Perspectives on Hawaii Law Firms
The evolving legal landscape has necessitated changes in the operational frameworks of law firms across the world, including those in Hawaii. As technology continues to advance at a rapid pace, it seems inevitable that Hawaiian law firms will have to adapt their business models to fit this new digital world.
The rise of remote collaboration tools, cloud computing and innovative platforms allow Hawaii law firms to expand their reach beyond the boundaries of the islands. This suggests increased accessibility to clients and potential clients, which could transform the way lawyers work locally and on an international scale. Legal practitioners are embracing solutions such as video conferencing software, practice management applications, and sophisticated legal research tools to enhance their productivity and client engagement.
Changing client expectations also pose a common challenge for law firms across the globe. Clients are increasingly looking for transparency, efficiency and value for money. This means that traditional hourly rate billing is fast becoming an outmoded pricing model. Forward-thinking law firms in Hawaii are beginning to provide alternative fee arrangements (AFAs) more in-line with what clients want.
Another significant development is the move towards virtual law firms , which have lower overhead costs while enabling lawyers to work from anywhere. This model sets low barriers for entry and could result in a heavier concentration of legal professionals in urban areas. In fact, there are signs that the profession in Hawaii will see an increase in the number of sole practitioners and small firms.
Finally, the future could hold more collaborative practices where lawyers with different specialties work together in multi-disciplinary teams. With the legal sector undergoing a major transformation, it is possible that law firms will look to diversify and expand their practice areas. A collaborative approach could provide a competitive edge and benefit all parties involved.
While there’s no crystal ball to predict the future, experts seem to agree that Hawaii law firms that are willing to embrace change and adapt their business practices will not only survive but thrive. With increased creativity and nimble approaches, law firms in Hawaii have the ability to deliver their services in a contemporary manner that keeps pace with the rest of the world.