§605-2 Attorneys; license required.
Except as provided by the rules of court, no person shall be allowed to
practice in any court of the State unless that person has been duly licensed so
to do by the supreme court; provided that nothing in this chapter shall prevent
any person, plaintiff, defendant, or accused, from appearing in person before
any court, and there prosecuting or defending that person's, plaintiff's,
defendant's, or accused's own cause, without the aid of legal counsel; provided
further that in the district courts sections 605-13 and 633-28 shall apply. [CC
1859, §1068; RL 1925, §2305; RL 1935, §3604; RL 1945, §9702; RL 1955, §217-2;
HRS §605-2; am L 1972, c 184, §1(b); am L 1989, c 140, §4; gen ch 1992]
Rules of Court
See RSC rule 1.
Registration of attorneys and self-represented parties as
judiciary electronic filing system users, see HEFSR rule 4; HRPP rule 4.
Law Journals and Reviews
Ke Kanawai Mamalahoe: Equality in Our Splintered
Profession. 33 UH L. Rev. 249 (2010).
Case Notes
Failure to assign counsel before it appears defendant is
indigent, not error. 15 H. 139, 143 (1903).
Right of self representation discussed. 53 H. 23, 487 P.2d
286 (1971).
Statutory liquidator of dissolved corporation under §416-124
does not have right to appear pro se, but where there are no funds to hire
attorney, liquidator may perform legal services. 53 H. 23, 487 P.2d 286 (1971).
Court's order enjoining one's unauthorized practice of law
applies to practice in federal court in absence of regulations by the federal
court. 55 H. 458, 522 P.2d 460 (1974).
Generally a corporation cannot represent itself in
litigation, but can do so only by an attorney. 60 H. 372, 590 P.2d 570 (1979).
Cited: 5 H. 279, 282 (1885).
Notes of Decisions
Alexander & Baldwin , LLC v. Armitage., 508 P.3d 832 (Haw. 2022).
· cites it 19× “13 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** As a preliminary matter, the ICA held that under Hawai‘i Revised Statutes (HRS) §§ 605-2 (2016)9 and 605-14 (2016)10, Noa and Armitage could not represent the Reinstated Hawaiian Nation.”
Oahu Plumbing & Sheet Metal, Ltd. v. Kona Constr., Inc., 590 P.2d 570 (Haw. 1979).
· cites it 10× “Although HRS § 605-2 (1976) does provide that “any person” may appear “before any court” to prosecute or defend “his own cause, without the aid of legal counsel”, 5 that *376 provision does not work to alter the general common law prohibition against corporate appearance except…”
In Re the Unauthorized Practice of Law of Ellis, 487 P.2d 286 (Haw. 1971).
· cites it 8× “Ellis in appearing pro se claims a right to do so under HRS § 605-2 which in part provides: "[N]othing in this chapter shall prevent any person, plaintiff, defendant, or accused, from appearing in person before any court, or justice, and there prosecuting or defending his own…”
Tradewinds Hotel, Inc. v. Cochran, 799 P.2d 60 (Haw. App. 1990).
· cites it 3× “” HRS § 605-2, supra. However, Defendant had the burden of showing that the cause was his, i.”
Baehr v. Miike, 910 P.2d 112 (Haw. 1996).
· cites it 2× “The same rationale applies, for example, to persons licensed in Hawaii to practice law (HRS § 605-2), persons licensed in Hawaii to drive a motor vehicle (HRS § 286-102), and persons licensed in Hawaii to practice dentistry (HRS § 448-2).”
Cordery v. Ige (Haw. 2023).
· cites it 10× “2d 570, 573 (1979) (citing HRS § 605-14 (“Unauthorized practice of law prohibited”)); see also HRS § 605-2 (providing, in pertinent part, that “no person shall be allowed to practice in any court of the State unless that person has been duly licensed .”
EP v. State (Haw. App. 2021).
· cites it 3× “Parkman testified that EP is his child, over whom he has legal custody; 2 HRS § 605-2 provides, in relevant part: § 605-2 Attorneys; license required.”
Nobriga v. Bd. of Land & Nat. Resources (Haw. 2016).
· cites it 2× “See HRS § 605-2 (“No person shall be allowed to practice in any court of the State unless that person has been duly licensed so to do by the supreme court[.”
Fernandes v. Hashimoto (Haw. App. 2020).
· cites it 2× “Bode's (Bode) May 22, 2020 motion for a temporary remand, (2) the lack of any response by Defendant/Counterclaim-Plaintiff/Appellee Annette Hashimoto (Annette Hashimoto),1 self-represented, and 1 Although Alan Hashimoto purported to assert his April 6, 2020 notice of…”
The Bank of New York Mellon v. Cummings Jr. (Haw. App. 2021).
· cites it 2× “2d 570, 573 (1979) (first citing HRS § 605-14 (prohibiting unauthorized practice of law); and then citing HRS § 605-2 (requiring attorney's license to represent another in court)).”
State v. Taylor, 506 P.3d 884 (Haw. App. 2022).
· cites it 2× “This is allowed by HRS § 605-2 (2016) ("[N]othing in this chapter shall prevent any person, plaintiff, defendant, or accused, from appearing in person before any court, and there prosecuting or defending that person's, plaintiff's, defendant's, or accused's own cause, without…”
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