2014 HSBA SPRING CONFERENCE

Transcription

1 2014 HSBA SPRING CONFERENCE May 30, Honolulu Country Club 1690 Ala Pu umalu Street Honolulu, HI H AWA I I S TAT E B A R A S S O C I AT I O N S P R I N G CO N F E R E N C E

2 SCHEDULE 2014 HSBA SPRING CONFERENCE WELCOME 8:15 a.m. to 9:00 a.m. Registration & Exhibits Breakout Session #1 9:00 a.m. to 10:00 a.m. Breakout Session 1A - Room #1 LAW OFFICE START-UP... Ready... Set... Open! Part 1 of 2 Speakers: Nancy Grekin and Wesley Y.S. Chang 9:00 a.m. to 10:00 a.m. Breakout Session 1B - Room #2 CLIENT TRUST ACCOUNTS: What You Need to Know From a Banking Perspective Speaker: Christine Daleiden 10:00 a.m. to 10:15 a.m. Vendor Break & Networking Breakout Session #2 10:15 a.m. to 11:15 a.m. Breakout Session 2A - Room #1 LAW OFFICE START-UP... Ready... Set... Open! Part 2 of 2 Speakers: Nancy Grekin and Wesley Y.S. Chang 10:15 a.m. to 11:15 a.m. Breakout Session 2B - Room #2 THE ODC LETTER: Next Steps Speaker: Calvin Young 11:15 a.m. to 11:30 p.m. Vendor Break & Networking LUNCH 11:30 p.m. to 1:00 p.m. Lunch & Keynote Address ATTORNEYS: The Best Preventative Medicine Rx for Business Keynote Speaker: Bob Charlet, Pacific Business News Breakout Session #3 1:00 p.m. to 2:00 p.m. Breakout Session 3A - Room #1 AVOIDING ETHICAL and MALPRACTICE POTHOLES Part 1 of 2 Speakers: Honorable Leslie E. Kobayashi; John Roth; Catherine Cattie Fujisaki; Kenneth Lawson. Moderator: Randall Roth 1:00 p.m. to 2:00 p.m. Breakout Session 3B - Room #2 ETHICS IN A WIRED and WIRELESS WORLD Speaker: Elijah Yip 2:00 p.m. to 2:15 p.m. Vendor Break & Networking Breakout Session #4 2:15 p.m. to 3:15 p.m. Breakout Session 4A - Room #1 AVOIDING ETHICAL and MALPRACTICE POTHOLES Part 2 of 2 Speakers: Honorable Leslie E. Kobayashi; John Roth; Catherine Cattie Fujisaki; Kenneth Lawson. Moderator: Randall Roth 2:15 p.m. to 3:15 p.m. Breakout Session 4B - Room #2 REPRESENTATION AGREEMENTS and DETERMINING LITIGATION VALUE Speaker: Gregory Markham 3:30 p.m. Conclusion 1 HAWAII STATE BAR ASSOCIATION 2014 SPRING CONFERENCE 1

3 #1 & #2 LAW OFFICE START-UP... Ready... Set... Open! Breakout Session 1A / 2A (2 part seminar) - Room #1 9:00 a.m. to 10:00 a.m. / 10:15 a.m. to 11:15 a.m. Credit: 2 MCPE credits Been practicing in a large firm or with a government agency and you now want a change in your career path? Or are you a new admit who s always wanted to open a solo or small practice? This course is for you! DISCUSSION TOPICS Selecting a physical work area Leasing considerations (commissions, CAM, assignments, renovations) Office furnishing & supplies Computer network, software & security Computer hardware desktops, laptops, printers & mobile devices Windows or Mac Document management & records retention Staffing & HR considerations Malpractice insurance PRESENTERS NANCY N. GREKIN Nancy N. Grekin was awarded her B.B.A., with High Distinction, from The University of Michigan, and her J.D. magna cum laude, from The University of Michigan. She was a partner of McCorriston Miller Mukai MacKinnon and now practices solo. She practices in the areas of transactional real estate, condominium and subdivision development, ground and space leasing, 1031 exchanges, commercial and secured transactions, and general business counseling. She is listed in the Best Lawyers in America and is a frequent speaker at seminars for lawyers, accountants and realtors on Section 1031 exchanges, commercial leasing, limited liability companies, and the use of technology in law practice. WESLEY Y. S. CHANG Wesley Y.S. Chang is a graduate of Iolani School, Stanford University (B.A., with great distinction), and the University of California at Berkeley School of Law (Boalt Hall) and has a small firm which specializes in real estate, corporate law, and public finance. Wes is listed in The Best Lawyers in America, Chambers & Partners, and Super Lawyers. Wes s firm has been paperless since its start in 1995 and continues to leverage technology in its practice. 2

4 #1 CLIENT TRUST ACCOUNTS: A Banker s Perspective Breakout Session 1B - Room #2 9:00 a.m. to 10:00 a.m. credit We went to law school, but we didn t study accounting and the complexities of payables and receivables. We can spot legal issues but managing an IOLTA account and client subaccounts and balancing it is at times confusing, complex and overwhelming. DISCUSSION TOPICS Which banks in Hawaii are IOLTA approved banks? PRESENTER CHRISTINE DALEIDEN Christine Daleiden is Senior Vice President, Senior Legal Counsel & Assistant Corporate Secretary for Central Pacific Bank. Prior to that, she worked at the State of Hawaii, Department of Commerce and Consumer Affairs, Division of Financial Institutions. Who can open an IOLTA account? How will the account be titled? What documentation will a Bank require? Will my accounts have FDIC Deposit Insurance? Can I get an ATM or debit card for my IOLTA account? What should be deposited in IOLTA accounts? What type of fees can be charged to me for my account? What are the tax implications of an IOLTA account? Will I receive a 1099 from the bank? What happens if I overdraw my account? AND so much more! 3

5 #2 THE ODC LETTER: Next Steps Breakout Session 2B - Room #2 10:15 a.m. to 11:15 a.m. credit You carefully opened the envelope from the Disciplinary Counsel, it s a notice of a complaint or violation. What do I do? Who should I call? Do I handle it myself? DISCUSSION TOPICS The Hawaii disciplinary process & disciplinary dispositions Disciplinary hearings The role of the insurance carrier & notification Prevention PRESENTER CALVIN E. YOUNG Calvin E. Young is a senior partner of Ayabe Chong Nishimoto Sia & Nakamura. He graduated from the William S. Richardson School of Law in 1982, clerked for two judges in the First Circuit Court and joined his firm in His litigation practice concentrates on the representation of lawyers and other professionals, aviation and products liability cases as well as a variety of personal injury matters. He has an AV rating in Martindale-Hubbell and is listed as a Hawaii Super Lawyer in Thomson Reuters. He is currently the President of the Hawaii State Bar Association. He served as a member of the Hawaii Supreme Court Disciplinary Board from , chaired the Hawaii State Bar Association Professional Responsibility Committee from that operates the Professionalism Course for new members of the Hawaii bar, and has been a member of the Hawaii Supreme Court Commission on Professionalism since He is the William S. Richardson School of Law Alumni Association 2012 Alumnus of the Year and received the HSBA 2012 Ikena Award for outstanding contribution of services to the legal profession towards legal education. 4

6 KEYNOTE ADDRESS ATTORNEYS: The Best Preventative Medicine Rx for Business Lunch & Keynote Address 11:30 a.m. to 1:00 p.m. credit Business owners, especially the mom and pop entities and the small firm entrepreneurs, oftentimes look to attorneys for legal advice during a crisis or when a situation escalates to the point of potential litigation. Like the metamorphosis of the medical profession from treatment to prevention, attorneys should consider a similar service image change... from crisis to prevention. DISCUSSION Join in the discussion with our luncheon keynote speaker as he discusses why this metamorphosis from a crisis orientation to a prevention orientation is in the best interests of the legal profession and businesses. PRESENTER BOB CHARLET President and Publisher, Pacific Business News A native of New Orleans, Louisiana Bob Charlet s media background spans 27 years. He worked as an advertising manager with the Times-Picayune newspaper in New Orleans for 10 years. He then owned and operated a publishing business in New Orleans for 7 years that catered to the travel and tourism industry. He then spent 6 years based in Los Angeles running a global publishing company with offices in the U.S., Europe, and China that catered to manufacturing industries. He s been with Pacific Business News for the last 5 years and serves as President and Publisher. 5

7 #3 & #4 AVOIDING ETHICAL and MALPRACTICE POTHOLES Breakout Session 3A / 4A (2 part seminar) - Room #1 1:00 p.m. to 2:00 p.m. / 2:15 p.m. to 3:15 p.m. Credit: 2 MCPE credits Solo practitioners and managing members of firms are responsible for policies and procedures that fit their unique circumstance and administrative styles that will ensure office compliance with applicable legal and ethical rules and regulations. This panel will discuss core issues and offer practical solutions to common challenges. DISCUSSION TOPICS Scope of engagement Engagement & non-engagement, and end of engagement letters Duty to investigate client s recitation of the facts Fee arrangements, recordkeeping & collection Document management & file ownership Conflicts of interest Confidentiality Fiduciary duties Advocacy limits Direct contact with represented and unrepresented parties Effective communication Marketing vs. solicitation Buying or selling a law firm or law practice Lifestyle and balance... and much more! MODERATOR RANDALL ROTH Randall Roth is a professor at the University of Hawai i and associate reporter for the Restatement of the Law of Trusts. He s served as President of the Hawai`i State Bar Association, Hawai`i Justice Foundation and Hawai`i Institute for Continuing Legal Education, and has received the University of Hawai`i s highest awards for classroom teaching and community service. In 2005 the City of Honolulu Centennial Commission included him on its list of 100 individuals who made lasting contributions during the city s existence. He served as a script consultant for a movie, The Descendants, which won the Academy Award in 2012 for best screenplay. PRESENTERS THE HONORABLE LESLIE KOBAYASHI The Honorable Leslie Kobayashi was nominated by President Barack Obama on April 21, 2010 and confirmed by the United States Senate as a United States District Court Judge in the District of Hawai`i on December 22, She has also served as a United States Magistrate Judge for 11 years, and a trial lawyer for 16 years, first as a deputy prosecuting attorney for the City and County of Honolulu and then in private practice. She received her B.A. degree from Wellesley College in 1979 and her J.D. degree from Boston College School of Law in

8 #3 & #4 AVOIDING ETHICAL and MALPRACTICE POTHOLES Breakout Session 3A / 4A (2 part seminar) - Room #1 1:00 p.m. to 2:00 p.m. / 2:15 p.m. to 3:15 p.m. Credit: 2 MCPE credits PRESENTERS (continued) CATHERINE CATTIE FUJISAKI Catherine Cattie Fujisaki is VP and Manager of the Personal Trust Department at Central Pacific Bank. She previously practiced estate planning at her own firm, Manoa Estate Planning LLC and with Cades Schutte LLLP; and clerked in the Probate Court for the Honorable Colleen K. Hirai. Prior to her legal career, Ms. Fujisaki worked in corporate accounting, investment management, and real estate. She holds the professional designations of attorney, CPA, CFA, R, and CTFA. Ms. Fujisaki received her B.S. from the University of California, Berkeley, an M.B.A. from the University of California, Los Angeles, and her J.D., cum laude, from the William S. Richardson School of Law. KENNETH LAWSON JOHN ROTH John Roth is the co-founder of Hawaii Trust & Estate Counsel.* He previously was a partner in Hastings Laun & Roth in Waimea on the Big Island and was associated with Case Lombardi & Pettit in Honolulu. John is a past president of the Young Lawyers Division of the HSBA. He currently teaches Business Law at the University of Hawai`i Hilo and this fall will teach Estate Planning Workshop at the William S. Richardson School of Law. He is a frequent speaker at seminars for lawyers and other professionals in the areas of estate planning and probate administration. John graduated from Punahou in 1999 and the University of Kansas, Phi Beta Kappa, in 2003; and he received J.D. and M.B.A. degrees from the University of Hawai`i in *Trade name application pending Kenneth Lawson had a successful law practice in Cincinnati from 1989 to 2007, primarily in the areas of criminal defense and civil right litigation. Over a number of years he engaged in unethical and criminal behavior while addicted to prescription painkillers, lost his license to practice law, and pleaded guilty to the felony of Obtaining Controlled Substances by Fraudulent Means. In he served 10 months in a federal penitentiary. Currently he is Associate Director of the Hawaii Innocence Project and Associate Faculty Specialist at the William S. Richardson School of Law where he teaches courses in Criminal Justice, Criminal Procedure, the Business of Law Practice, and Professional Responsibility. 7

9 #3 ETHICS IN A WIRED and WIRELESS WORLD Breakout Session 3B - Room #2 1:00 p.m. to 2:00 p.m. credit Digital technology and the internet have drastically changed the practice of law. New technologies create new ethical considerations and risks. DISCUSSION TOPICS Preservation of the attorney-client privilege in the digital context Privacy and security of client data and communications E-discovery obligations Responsible use of social media Risks and benefits of cloud computing The BYOD (Bring Your Own Device) movement PRESENTER ELIJAH YIP Elijah Yip is a partner at Cades Schutte LLP and the chair and founder of the firm s Digital Media and Internet Law practice group. Elijah practices commercial litigation, media law, and IT law. Elijah writes about technology law on his blog (LegalTXTS.com) and Twitter (@LegalTXTS). He is the former chair of the Litigation Section of the Hawaii State Bar Association. Elijah has taught as an adjunct professor at the William S. Richardson School of Law and a lecturer in the Communication and Journalism departments at the University of Hawaii at Manoa. Before joining Cades, Elijah clerked for federal district judge Samuel P. King in Honolulu. Elijah is rated AV Preeminent by Martindale-Hubbell, and is listed in Super Lawyers In 2012, Pacific Business News selected Elijah as one of Forty Under 40 young business leaders in Hawaii. 8

10 #4 REPRESENTATION AGREEMENTS and DETERMINING LITIGATION VALUE Breakout Session 4B - Room #2 2:15 p.m. to 3:15 p.m. credit This two phase session covers formation of an attorney-client relationship, and determining the value of a case when contemplating litigation. DISCUSSION TOPICS Considerations when deciding if an attorney-client relationship should be formed Documenting attorney and client responsibilities & scope of representation Documenting fee and expense schedules Case valuation and the decision to litigate PRESENTER GREGORY MARKHAM Gregory Markham, a graduate of the University of Colorado School of Law, has been practicing law in the state of Hawaii for over 27 years. He is currently a Partner at the civil defense firm of Chee, Markham & Feldman. In addition to his duties as a litigator and instructor for Kapio lani Community College Legal Education Program, Mr. Markham finds time to present and co-author several seminars, volunteer for the Rotary Club and Hawaii Bar Grading Committee, sit as a board member for the Hawaii State Bar Association, Hawaii Justice Foundation as well as Family Promise Hawaii. Mr. Markham and his lovely wife Colleen are the proud parents of Ryan and Paige Markham. Client education the litigation process Keeping client expectations realistic Communicate... communicate... communicate 9

11 REGISTRATION FORM 2014 HSBA SPRING CONFERENCE MAY 30, 2014 HONOLULU COUNTRY CLUB >> Please Print Full Name Firm Address Phone If you are a Hawaii attorney, you must provide your J.D. Number Signature of Registrant Seminar LAW OFFICE START-UP... Ready... Set... Open! Part 1 of 2 9:00 a.m. to 10:00 a.m. *must take part 2 SEMINARS TO AT TEND CLIENT TRUST ACCOUNTS: What You Need to Know From a Banking Perspective 9:00 a.m. to 10:00 a.m. Breakout Selection Please select which Breakout Session(s) you would like to attend * only one seminar per breakout session must be selected * Law Office Start-Up.. Ready... Set... Open! and Avoiding Ethical and Malpractice Potholes are two(2) part seminars that must be taken together MORNING SESSIONS Breakout #1 Sessions Breakout Session 1A Breakout Session 1B Credit Breakout #2 Sessions LAW OFFICE START-UP... Ready... Set... Open! Part 2 of 2 10:15 a.m. to 11:15 a.m. *must take part 1 THE ODC LETTER: Next Steps 10:15 a.m. to 11:15 a.m. LUNCH & KEYNOTE ADDRESS ATTORNEYS: The Best Preventative Medicine Rx for Business 11:30 p.m. to 1:00 p.m. AFTERNOON SESSIONS Breakout #3 Sessions AVOIDING ETHICAL and MALPRACTICE POTHOLES Part 1 of 2 1:00 p.m. to 2:00 p.m. *must take part 2 ETHICS IN A WIRED and WIRELESS WORLD 1:00 p.m. to 2:00 p.m. Breakout #4 Sessions AVOIDING ETHICAL and MALPRACTICE POTHOLES Part 2 of 2 2:15 p.m. to 3:15 p.m. *must take part 1 REPRESENTATION AGREEMENTS and DETERMINING LITIGATION VALUE 2:15 p.m. to 3:15 p.m. PAYMENT INFORMATION Breakout Session 2A Breakout Session 2B Lunch & Keynote Address Breakout Session 3A Breakout Session 3B Breakout Session 4A Breakout Session 4B Payment Type: Check (payable to HSBA) Visa Mastercard Credit Card Number Expiration Date Card Holder s Name Card Holder s Signature $115 HSBA Member - Early Bird (before May 20, 2014) $130 HSBA Member - Regular (on / after May 20, 2014) TOTAL PAYMENT ENCLOSED $ Register by mailing or faxing this completed form to the HSBA, Alakea Corporate Tower, 1100 Alakea St., Suite 1000 Honolulu, HI Fax: (808) HAWAII STATE BAR ASSOCIATION 2014 SPRING CONFERENCE 10

12 MORE INFO ADDITIONAL REGISTRATION INFORMATION Registration Lunch, course materials, and manuals are not guaranteed for walk-in or late (after May 23, 2014) registration. Your seminar includes lunch, please check whether you will be attending; however, there is no deduction in cost if you decide not to attend. Meals will be ordered only for those who have indicated that they will be attending. Parking Parking is free for those attending the 2014 Spring Conference. Cancellation A refund will be made only if we receive written notice of cancellation on or before May 19, Insufficient Funds A $30 fee will be charged for insufficient funds. Course Materials Course materials, for most of the seminars, will be available at the seminars only for those who register on or before May 23, Changes The form, content, and other aspects of the seminars are subject to change. The HSBA reserves the right to cancel seminars without liability, and the HSBA shall, in such a situation, return the amounts paid to the registrant. Please note that the location and/or times of the seminars are subject to change. Please check for possible changes at the registration area on the day of the Spring Conference. Videotaping / Photography The seminar may be videotaped and/or photographed and your registration constitutes your voluntary consent to such videotaping and/or photography without monetary compensation. Disclaimer The representations made at this Spring Conference and content/materials are those of the presenters and do not represent the position of the HSBA. Legal opinions, analyses, and materials provided by the presenters are not reviewed by the HSBA. Questions / Special Accommodations Contact Jasmine Graffis or another CLE Program Department staff member at (808) or CLE@hsba.org. Mail or Fax Registration Fax to (808) or mail to the Hawaii State Bar Association, 1100 Alakea Street, Suite 1000, Honolulu, Hawaii Attention: Jasmine Graffis HAWAII STATE BAR ASSOCIATION 2014 SPRING CONFERENCE 11

13 VENDORS VENDORS Hawaii State Bar Association 2014 Spring Conference 12