TBADK Litigates Based on Knowledge of Good Practices

      Whether a personal injury, civil rights violation, or wanting to lobby for more better legislation, TBADK bases litigation on comparing the behavior of the "bad guys" with what a reasonable "good guy" should have done.

      This means that all the experience of TBADK in business consultation and tax preparation are applicable to whether the "bad guys" have been behaving as the law requires them to behave. (This also means that all research of the "bad guys" bad practices trickles down into the business consultation areas of TBADK.)

Select Personal Injury

Were you harmed by someone who was not careful in their personal or business practices?

We pursue your case with the same thoroughness as we provide our business clients seeking to prevent a lawsuit. We can analyze the defendant's entire business structure seeking evidence of their carelessness. 

We represent people who are hurt (plaintiffs) to recover the harm they suffered (personal injury). This includes harms such as:

•  Emotional Distress--Has someone caused you shock or nervousness?
•  Defamation--did someone write or say false and harmful things about you?
•  Invasion of Privacy--Has someone wrongly revealed secret facts about your life? Has someone attributed to you views you do not hold? 
•  Domestic Torts--Has a spouse harmed you through violence, emotional distress, or denial of child visitation?
• Wrongful Death
•  Others? Please call.

The fee for representing you in a personal injury law suit is based on a percentage of the award. This means the attorney and client form a "partnership" for the lawsuit and the attorney only gets paid they win. Cost for the lawsuit, however, are usually paid by the client but are negotiable.

In other words, when a potential client with an injury and no money comes to us to represent them, they are in effect asking us to spend between 200 and 1,000 hours and between $20,000 and $100,000 to hold someone else responsible for their injury. We are willing to accept such clients after careful consideration.

Retaliation against Whistle Blowers 

The majority of Mark Beatty's present practice is now spent against government agencies who supervising agents have used their position to harm their employees. Often these employees have objected to an illegal or unethical practice and as a result of bringing the practice to the supervisor's attention, they have suffered retaliation such as:

• Being placed on administrative leave for unreasonable or fabricated charges
• Losing overtime pay
• Being assigned to a less desirable job or schedule.
• Losing one's job

Da Kine Services

A licensed attorney in Hawaii can practice any kind of law. Below are descriptions of various legal services in which we have training, experience and/or desire to learn. We also can provide services for individuals needing an attorney who speaks Vietnamese. 

Civil Rights Violations

      This is a complex area of law. If you believe that a government organization hurt you in some way and or deprived you of a constitutionally guaranteed right then please call us to discuss the matter. Violations of rights include:

• Not being treated as others are treated
• Being deprived of a fundamental right
• Being deprived freedom of speech

Lobby or Litigate to Change the Law

      If you think a law is wrong and what to challenge it, we can represent you to include:

•  Challenging laws based on U.S. or Hawaii Constitutions.
•  Representing you in legislative reform.

Expectations for Your Law Suit

      If you have a good case, you might lose. If you have a bad case, you might win. Over the last decade Mark Beatty has come up with the following three principles that he thinks summarize the practice of law over the last 6,000 years in the entire world:

     1) We have legal systems, not justice systems

      Justice is an ideal that many of us strive for. What exactly justice is, however, is either debated or outright mocked by those with differing worldviews.

      We have an administrative system where justice might happen, but it is more likely that a person receives more or less than the average. An attorney can research what the average is, and guess whether a client will receive more or less than the average, but it is just a guess. Attorneys who promise more then this are the subject of many lawyer jokes.

     2) You can do anything if you fill out the paperwork

       Consider the Terry Schiavo murder/mercy killing: The husband Michael Schiavo went to court and was granted guardianship status--he filled out the paperwork. With this paperwork in hand, he gave the order to kill Terry by starvation. It did not matter that he had a conflict of interest--an adulterous relationship that included illegitimate children. What mattered is that he filled out the paperwork and thus he was legally allowed to dispose of his "wife," thus freeing himself to marry his girl friend.

      Rule 11 requires an attorney to sign paperwork filed in court. If the attorney has a frivolous argument or lied about the facts supporting the paperwork, the paperwork can still win in court unless that opposing party objects, submits opposing paperwork, and successfully argues for their own paperwork. Generally you need a legal education and experience to figure out when another attorney is lying and exaggerating. The judge or jury ultimately decides which version is "true."

     To "fill out the paperwork" takes time. That requires someone, usually the client to pay. Sometimes the client pays beforehand, other times the client pays if and when the case is won. Some attorneys, including Mark Beatty, do "pro bono" work, which means the attorney rather than the client pays.

     3) Judges and Juries are reluctant to rule in your favor unless you have filled out the paperwork

      At the end of the legal process, a judge and/or jury decides whether the law and facts go in your favor. If you filled in more and better "paperwork" than your opponent, then you usually win. In criminal law, the prosecutor has a higher burden of proof, in other words has to fill out more and better "paperwork." This is why O.J. Simpson and Robert Blake were not convicted in criminal court but both lost big time in civil court. The burden of proof in civil court is lower.

      What many do not fully realize is that a judgment is final--unless one party wants to fill out more "paperwork" in the appeal process. This means Plaintiffs who were injured has only one chance for their day in court. What the judge and/or jury gives them is, for most points, final.

Disclaimer about "Legal Advice" in this Website:

Legal advice involves applying legal principles to a client's situation. This website contains only legal principles. Deciding which principles to apply and applying them correctly constitutes legal advice.  We need to analyze your situation before any of these legal principles can be considered legal advice.