In this issue...

Disputes Among Family Members;
A Special Situation
Arose By Any Other Name
From the Desk of Harold Chu...
Meet Harold Chu
Wrongful Death and Personal
Injury Matters
Did You Know?
Discount

In a prior issue, we revealed a little of the non-legal side of Harold Chu. In this issue, we offer some insight into his educational background and legal experiences.

DISPUTES AMONG FAMILY MEMBERS: A SPECIAL SITUATION By Harold Chu

The family unit is very strong in Hawaii. Many parents remain physically and emotionally close to their children. Many adult children live with their parents, either to care for them, to reduce expenses, or as a temporary arrangement until our slumping economy recovers. Many grandparents baby sit their grandchildren. Many grandchildren grow up with two sets of grandparents.

The family unit often includes members of the extended family. Any wedding or birthday party will attest to the number of relatives that are considered "family." Many people have "uncles" or "aunties" that go beyond blood relationship. The family spirit is one of the special characteristics of our community.

A natural consequence of a close-knit family unit is that family members help one another. There are many familiar examples: Family members lend each other money. Family members house each other. Family members go into business together. Family members help each other purchase property. Family members employ each other.

Financial assistance between parents and children is particularly common. Parents sometimes help their children purchase homes. They lend their children money for the down payment or assist in other ways. Sometimes parents are put on title to the property as a result. Parents also co-sign mortgages, give powers of attorney to their children, help their children start businesses, or even own and operate businesses with the children. Family-owned businesses are often passed from one generation to another.

These arrangements or arrangement between family members are often made informally. The thinking is that there is no need to draw up formal written documents to formalize loans that parents give their children. They are family members, after all, and they trust each other. Most of the time, these informal arrangements work out well. There are occasions, however, when they do not. For one reason or another, a problem may arise with the loan, the mortgage payment, or something else. Then the situation gets sticky.

When these problems arise in the typical business context, they can be difficult to resolve. When they arise in the family context, however, they can become extremely bitter. It is much easier to be objective in a dispute with a party to a business contract than it is in a dispute with a family member -- someone who is flesh-and-blood, or who is married to flesh-and-blood, or who is part of a lifelong relationship. Family members involved in disputes tend to be more emotional, more bitter, and more likely to be frustrated in the ebb and flow of the dispute resolution process. Family members are often unwilling to compromise or "give in" to the other side, based more on emotion than on sound business judgment. This is perfectly understandable and part of human nature. However, they are all are barriers to a quick and successful resolution to the problem.

Disputes among family members really are a different category of legal problem. While they may be business or real estate problems in substance, they are very much like divorces in function. These kinds of problems need to be regarded and handled with that observation in mind. Handling disputes among family members as just another business matter ignores very important aspects of the dispute and very important aspects of the parties.

Some suggestions: When entering into arrangements with family members, especially if real property, large sums of money, or long lengths of time are involved, keep in mind that the parties may be foregoing the usual formalities -- and that doing so has consequences. Keep in mind that the arrangements based on personal familiarity and trust is not as sound as one based on a negotiated, written, complete contract. Keep in mind that informal arrangements are often vague and contain gaps because the parties have decided that the details can be worked out later. In the perfect world, all necessary aspects would be discussed and agreed upon before the agreement is reached. In the real world, however, some issues are left to be addressed later and only if necessary. The parties need to understand that risks are involved in doing so. Keep in mind that as much of the arrangement as possible should be reduced to writing beforehand and signed and all of the provisions of the agreement should be discussed. The use of an attorney at the beginning of such arrangements is often a wise idea. Try to make the agreement with family members as formal as can be possible, without offending the other parties and perhaps damaging the business relationship and the personal relationship.

When a dispute with a family member arises, keep in mind that it is not an ordinary dispute. It is a deeper, more complex matter. It will generally take more time, more expense, and more emotional resources to resolve. Months or years of personal history often affect objectivity. Try to stay objective. Try to look at it from a business point of view. Try to forget past slights, disagreement, and unrelated problems. Try to focus on resolving the immediate problem, and then moving on. The immediate problem should not be an invitation to correct all prior personal disputes with that family member. Try to resist that temptation, no matter how strong it is.

These are very common situations in Hawaii. They come up all the time. Our office has
handled a number of such situations. You can minimize the possibility of such problems with good planning and good advance communications.

A small town prosecuting attorney called his first witness to the stand in a trial - a grand motherly, elderly woman. He approached her and asked, "Mrs. Jones, do you know me?"
She responded, "Why, yes, I do know you Mr. Williams. I've known you since you were a young boy. And frankly, you've been a big disappointment to me. You lie, you cheat on your wife, you manipulate people and talk about them being their backs. You think you're a rising big shot when you haven't the brains to realize you never will amount to anything more than a two-bit paper pusher. Yes, I know you."
The lawyer was stunned. Not knowing what else to do he pointed across the room and asked, "Mrs. Williams, do you know the defense attorney?"
She again replied, "Why, yes I do. I've known Mr. Bradley since he was a youngster too. I used to baby-sit him for his parents. And he, too, has been a real disappointment to me. He's lazy, bigoted, he has a drinking problem. The man can't build a normal relationship with anyone and his law practice is one of the shoddiest in the entire state. Yes, I know him."
At this point, the judge rapped the courtroom to silence and called both counselors to the bench. In a very quiet voice, he said with menace, "If either of you asks her if she knows me, you'll be in jail for contempt within 5 minutes!"

AROSE BY ANY OTHER NAME

In Ft. Lauderdale Florida, accused murderer Donald Leroy Evans, filed a pretrial motion asking permission to wear a Ku-Klux Klan robe in the court room and to be referred to in legal documents by "the honorable and respected name of Hi Hitler". Evans thought Adolph Hitler's followers were saying "Hi Hitler" rather than "Heil, Hitler".

In Lapeer, Michigan, a judge denied a petition for name change from John Jakubowski who wanted to adopt the legal name, "Kiss My Ass".

FROM THE DESK OF HAROLD CHU

It is with some sadness that I must advise you that Mr. Russell Ando is no longer with our office. Russ was given an opportunity that was difficult for him to refuse. We wish him the best of luck in his new endeavors.

MEET HAROLD CHU

My mom and dad were typical Chinese parents. They instilled in me a no nonsense pragmatic approach to life.

Most people would be surprised to learn that I have a fairly substantial science background. This is because when I was in high school, science was the most popular field of endeavor. For four years, I was a pre-med major at Stanford University. My three years at Northwestern University Law School further honed my scientific approach to resolving problems.

I have a wealth of legal and practical experience. For 17 years, I was a licensed real estate broker. This provided me invaluable insight into the real estate practice in Hawaii. During the past 25 years, I have prepared and reviewed thousands of documents pertaining to real estate. I have also taught Real Property Law at the Kapiolani Community College paralegal program since 1980.

Litigation is a substantial part of my practice. I have represented clients in lawsuits involving divorce, car accidents, contract disputes, fraudulent transactions, business problems, collection cases and a multitude of matters involving real estate. I have counseled doctors, lawyers, businesses and many individual parties.

When necessary, I have also assisted clients with their appeals. Some of my published cases include:

1. Ticor Title Insurance Company v. American Resources, Ltd., 859 F.2d 772
2. Sylvester v. Animal Emergency Clinic, et al., 72 Haw 560, 825 P.2d 1053
3. Ching v. Ching, 7 Haw. App.221, 751 P.2d 93
4. Schmidt, et al .v. AOAO Marco Polo Condominium, 780 F.Supp. 699
5. United States of America v. Tropic Seas, Inc., et al., 887 F.Supp 1347
6. In re Quality Trading Company, Inc., 39 B.R.2

In addition to my published cases, I was recently listed in the Who's Who of Professionals and Executives and the Who's Who of American Law.

The bulk of my work involves assisting clients with routine legal matters. Our firm also, on occasion, represent clients in very complex matters. For example, we successfully defended 20 separate individuals in a six weeks trial. I once was the court appointed Bankruptcy trustee for several years and successfully resolved numerous substantial claims against a family of corporations.

I have had the good fortune of having received excellent training and education. This has been further enriched by my 25 years of experience in the legal profession.

WRONGFUL DEATH AND PERSONAL INJURY MATTERS

Our firm generally does not handle wrongful death or personal injury cases. If you are unfortunately involved in such a circumstance, you are always welcome to contact us for referrals at no cost to you.

You should also be aware that a new rule relating to an attorney=s direct contact with prospective clients became effective January 1, 2000. HRPC 7.3(e) and (f) now mandate a 30-day Awaiting period@ for solicitation arising out of wrongful death or personal injury matters. The rule also imposes five requirements on written solicitations to prospective clients: 1) the communication can only be sent by regular U.S. mail (not by restricted mail, facsimile, or e-mail); 2) any enclosed representation contract must be marked "SAMPLE" at the top of each page of the contract in red ink in a type size larger than the largest used in the contract, and the words "DO NOT SIGN" must appear on the client signature line; 3) the communication cannot resemble legal pleadings or documents; 4) any communication prompted by a specific occurrence must disclose how the attorney obtained the information prompting the communication; and 5) the communication cannot reveal the nature of the prospective client=s legal problem on the outside of the mailing.

DISCOUNT

This is an update to the discount proposed in celebration of our firm's 20th anniversary. Continuing through the remainder of 2000, our firm shall offer a three percent (3%) prompt payment discount off of the total monthly attorney's fees and general excise tax. The discount does not apply to costs and is subject to the following terms and conditions:

1. Payment in full of the discounted monthly statement and the undiscounted costs must be made by cash or check and received no later than the 10th day of the billing month. For example, payment for the August, 2000 billing must be received by September 10, 2000 to qualify for the discount. The discount does not apply to out-of-pocket costs such as filing/recording fees, sheriff's fees, certification fees, deposition costs, transcripts, title reports, photocopies, postage and other costs.

2. The client's account must be in good standing. The discount is not available to you if you are not current on all your accounts.

3. The discount is not available for payments by credit card.

4. The discount is not available for payments received after the 10th of the applicable month.

5. The discount does not apply to funds needed to replenish or maintain your retainer. However, maintaining your retainer will make it easier for you to qualify for the discount.

6. The discount is not available if the tendered payment is returned due to insufficient funds or other reasons.

We hope you find this incentive beneficial to you. Thank you for your business and your continued support.

DID YOU KNOW?

Good judgment comes from experience, and a lot of that comes from bad judgment.

When you give a lesson in meanness to a critter or a person, don't be surprised if they learn their lesson.

The quickest way to double your money is to fold it over and put it back in your pocket.

Always take a good look at what you're about to eat. It's not so important to know what it is, but it's critical to know what it was.

If you find yourself in a hole, the first thing to do is stop digging.

 

.