Approximately 3,500 practicing attorneys populate our Island state. Selecting one from the 88 pages of names in the Yellow Pages probably is not the best way to find a legal eagle.

This might make it easier: HONOLULU Magazine presents 71 outstanding attorneys. All are included in the Hawai'i section of the fifth edition of The Best Lawyers in America (available soon at the state library). Our attorneys also re rated "high" to "pre-eminent" for their legal ability in Martindale-Hubbell's 1992 Law Directory.

Martindale-Hubbell has been rating lawyers for more than a century. It queries members of the bar as well as the judiciary about attorneys in their own community. The Best Lawyers in America relies strictly on practicing lawyers' evaluations of fellow lawyers in the same area of concentration. Says senior editor Lucy Stec, "We asked the question, 'Who would you refer your best friend or your best client to in the event that you couldn't handle a matter yourself?' In other words, we're asking the attorneys to comment confidentially on the ability of their peers."

In neither publication can attorneys nominate or evaluate themselves, or pay to be listed.

Before you set up the Initial appointment with a lawyer, says Hawai'i State Bar Association president Sherry Broder, first determine if you really need a lawyer. "Some agencies, like the office of Consumer Protection, may be able to respond to your problem." Or, Broder recommends calling the Lawyer Referral and Information Service (537-9140) sponsored by the bar association.

"When somebody calls we don't just give them a name," says Coralie Matayoshi, executive director. "Sometimes we'll say, 'It looks Like something for Small Claims Court or the Neighborhood Justice Center.'" If callers do need an attorney, the service will recommend three names from its list of 200 (layers pay a fee to be on the list).
Another free service of the bar association is LawLine. By calling 528-5297 you'll hook up to a 24-hour taped message center (42 tapes in all). Touch 220 and hear Brickwood Galuteria explain living wills; 111 gets you Karen Keawehawai'i on DUI (one of the more popular tapes); Emme Tomimbang talks about going to court on 102; and Leslie Wilcox tells you how to find a lawyer on 205.

Broder believes the best way to find a lawyer is through the coconut wireless. "Ask around," she says. "Ask your friends. Ask lawyer friends. Talk to people who have had problems similar to yours."

Mark Davis Selected A+ Attorney

Mark Davis came to the Islands in the early '70s to work for a big law firm, and volunteered at the American Civil Liberties Union on the side. "During the late '60s and early '70s," says the 43-year-old Davis, "every law student wanted to be a Legal Aid lawyer or a civil rights lawyer and wear the hat and fight for truth and justice."

Today he fights for clients in personal injury cases. Some of the right questions to ask a

prospective personal injury attorney, advises Davis, are: How many cases of this type have you handled before? Have you gone to court? How many successes have you had?

"A person can have an enormous amount of trial experience," explains Davis, "but no wins. That can be very telling." Also telling is the attorney who advertises that he or she will fight for a client's claim, but never goes to court. "Today there are a lot of attorneys who write demand letters, do arbitrations, but they will not file a lawsuit. It's like hiring a soldier that doesn't have any ammunition."

Traditionally, personal injury cases are handled on a contingency basis, with the lawyer usually getting a third of the award. But fee options are available. Says Davis, "Some attorneys have hourly rates [ranging from $75 to $300], with a contingency bonus at the end it the case comes to a good result. Sometimes contingency rates go up as the case progresses and becomes more difficult. There are all sorts of ways to do it."

As chairman of the Hawai'i State Bar Association Committee on Solicitations and Advertising, Davis warns against "ambulance chasers." If ` you're approached by a lawyer following a mishap, like a car accident, he advises that you report the lawyer to the Disciplinary Counsel of the Hawai'i Supreme Court. "In-person solicitation is prohibited," he emphasizes.

email Mark Davis