Under the alleged American Rule, anniversary adversary pays its own Attorneys fees. I accept been practicing civilian action for over twenty years, and annihilation seems to acrimony audience Added about the acknowledged adjustment than back they are affected to pay bags of dollars in Attorneys fees and Costs artlessly to prove that they did annihilation wrong. Fortunately, beneath Hawaii law, in assertive bartering cases, the prevailing affair may balance some or all of its Attorneys fees from the accident party. The Hawaii law is alleged the "assumpsit statute" and states as follows:
"§607-14 Attorneys' fees in accomplishments in the attributes of assumpsit, etc. In all the courts, in all accomplishments in the attributes of accusation . . . there shall be burdened as attorneys' fees, to be paid by the accident affair and to be included in the sum for which beheading may issue, a fee that the cloister determines to be reasonable . . . . The cloister shall again tax attorneys' fees, which the cloister determines to be reasonable, to be paid by the accident party; provided that this bulk shall not beat twenty-five per cent of the judgment.
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The aloft fees provided for by this area shall be adjourned on the bulk of the acumen absolute of Costs and all attorneys' fees acquired by the plaintiff, and aloft the bulk sued for if the actor obtains judgment." Haw. Rev. Stat. § 607-14 (emphasis added).
There are analytical credibility about this statute about which anniversary applicant should be fabricated aware, including the following:
1. Plaintiff's accretion of Attorneys fees is capped at twenty bristles percent (25%) of the acumen awarded. Thus, for example, if the plaintiff is awarded a acumen of $100,000, the plaintiff's accretion is capped at 25% of $100,000 or $25,000.
2. The defendant's accretion is capped at 25% of the amercement abominably approved by the plaintiff. Thus, for example, if the plaintiff seeks $100,000, the defendant's abeyant accolade is capped at $25,000.
3. If the plaintiff does not specify the bulk that he is gluttonous and it is absurd for the cloister to actuate the amercement approved by the plaintiff, the prevailing actor may be awarded all of its reasonable Attorneys fees. Thus, the plaintiff is awful encouraged to specify aboriginal in the case the amercement that the plaintiff is gluttonous to ensure that if the plaintiff is unsuccessful, the attorney's fees accolade is capped.
4. The Hawaii Supreme cloister has captivated that the Attorneys fees accolade beneath HRS § 607-14 is not discretionary. The cloister charge accolade attorney's fees to the prevailing party.
5. The statute alone applies to cases apropos "assumpsit" damages. The Hawaii Supreme cloister has authentic an "assumpsit" case as a affirmation "for the accretion of amercement for the non achievement of a adjustment . . . as able-bodied as apparent acknowledged obligations." Schulz v. Honsador, Inc. 67 Haw. 433 (1984). Although this law alone applies to affairs of "assumpsit," it has been activated to assorted types of action including aperture of contract, aperture of fiduciary duty, and acknowledged abuse so continued as they affair (i) an attack to balance amercement and (ii) a acknowledged arrangement.
Unfortunately, Hawaii does not accept a agnate Attorneys fee accouterment in claimed abrasion cases. Moreover, although HRS § 607-14 is not the alone Hawaii law that allows for the accretion of Attorneys fees. Therefore, back allegory a case, a Hawaii attorney should additionally analyze added theories that may acquiesce the accretion of Attorneys fees.
