ESTABLISHED 2011
ESTABLISHED 2011
Showa Law Office is the law office of Andrew Daisuke Stewart, Esq. in Honolulu Hawaii. The word “Showa” In Japanese means “enlightened peace,” which is the state of mind I strive to provide my clients with as they navigate
their particular legal challenge.
I pride myself in having knowledge in a wide array of legal specialties ranging from simple contract issues to complex litigation matters, as well as, business, employment, criminal and even family law. I am a strong believer in analyzing the “big picture “ prior to formulating an effective legal strategy. (That being said, if your legal issue requires a specialist in a particular field of expertise, I will make the necessary referral. I frequently tell prospective clients, “finding the right attorney is half the battle.”)
Most law firms have large overhead expenses for renting expensive office space and hiring staff. All these expenses are paid by clients in the form of inflated hourly fees and/or higher contingency fee rates. Unfortunately, this traditional law firm business model has forced many attorneys to prioritize profits over serving their clients. Being a solo practitioner, I have the opportunity to be selective about my cases and don’t have the pressure to overcharge my clients.
Whether it’s a business dispute, an employment case, or an insurance claim, in most situations you have or will have already entered into some type of contract that determines your rights and duties.
Thus, it is imperative to have a competent attorney review the contract and then analyze and explain those rights and duties to you. In some circumstance, certain contractual provisions may not be enforceable and there maybe loopholes or back doors to get around certain contractual provisions. Examples include overly broad non-compete clauses or confidentiality clauses that violate a statute or public policy. Similarly, when drafting a contract, you are entering into, it is crucial to incorporate key provisions and specific language that will anticipate certain situations and protect you in the future.
One of the challenges of owning and operating a small business is managing employees and ensuring compliance with both federal and state laws relating to wages, over-time, as well as, liability arising from workplace discrimination or harassment. In order to avoid these pitfalls, it is imperative that employers have in place up-to-date employee handbooks and policies governing the workplace. Failing to fully compensate employees can also result in investigations from federal and/or state departments of labor, resulting in liquidated damages and fines in addition to the unpaid wages. Not properly categorizing an employee as exempt/non-exempt or as an employee/independent contractor are also reasons employers are cited by the departments of labor.
A significant percentage of residential housing units in Hawaii are condominiums and with it comes a multitude of issues for owners. These issues include water leaks caused by common area pipes, obtaining permission from the owners' association to make renovations, as well as, challenging certain rules adopted by the association. The fact that most owners' associations are run by volunteers, responses are slow and management of the building can be fraught with incompetence. Frequently, until the owners' attorney gets involved to address an issue, nothing gets done. For owners, it is imperative to retain an attorney who is familiar with the ins and outs of Chapter 514B, Hawaii's Condominium Statute, which imposes certain duties on owners prior to initiating legal action and is designed in large part to protect the owners' association rather than owners.
Filing a lawsuit is stressful, time-consuming, and expensive. Therefore, it should always be the option of last resort. But sometimes filing a lawsuit is your only option. Attorney Andrew Stewart has significant experience in filing lawsuits and defending against lawsuits in a wide variety of cases including: business, employment, personal injury, real estate, AOAO issues, landlord-tenant, consumer protection, and collection cases on both Oahu and Maui, as well as in the United States District Court for the District of Hawaii.
Mr. Stewart has first chaired several jury trials in state court, as well as second chaired a high profile white collar criminal case in federal court.
Small businesses constantly face various legal needs. These include amending corporate documents, registering trade names, recovering account receivables, dealing with regulatory agencies, drafting an employee handbook or workplace policy, negotiating a lease,
and fending off legal claims from disgruntled customers or employees, to name a few. Owners and managers need a trustworthy lawyer they can consult quickly, who is familiar with their business and knowledgeable about different areas of the law. This long-term relationship at a reasonable cost is key to the success and longevity of a small business whether you run a restaurant, a real estate agency or a contracting business.
For commercial and residential landlords alike, having a tenant that has fallen behind in rent imposes a significant economic hardship. Lack of rental revenue means no income stream to pay the mortgage, property tax, insurance and other expense. Hawaii’s Landlord-Tenant Code provides significant protection for residential tenants making it difficult to remove a tenant who refuses to leave. The eviction process can be both expensive and time-consuming. Failing to provide proper procedural and notice requirements can even result in a countersuit against the landlord. My office will pursue the most efficient strategy in removing an unlawful tenant with a combination of mediation, establishment of a rent trust fund and/or obtaining a writ of possession.
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