§662-12 Attorney's fees. The court
rendering a judgment for the plaintiff pursuant to this chapter or the attorney
general making a disposition pursuant to section 662-11 may, as a part of such
judgment, award, or settlement, determine and allow reasonable attorney's fees
which shall not, however, exceed twenty-five per cent of the amount recovered
and shall be payable out of the judgment awarded to the plaintiff; provided
that such limitation shall not include attorney's fees and costs that the court
may award the plaintiff as a matter of its sanctions. [L 1957, c 312, pt of §1;
Supp, §245A-12; HRS §662-12; am L 1979, c 152, §4]
Case Notes
Attorney's fee may be awarded in addition to judgment. 51 H.
540, 465 P.2d 580 (1970).
Trial court has discretion in awarding attorney's fees. 54
H. 611, 513 P.2d 487 (1973).
Mentioned: 76 H. 487, 879 P.2d 1070 (1994).
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1970–2024 · leading case:
Levy v. Kimball, 465 P.2d 580 (Haw. 1970).
Levy v. Kimball, 465 P.2d 580 (Haw. 1970).
· cites it 11× “Though our statute does not contain such a provision, the State argues that the intent and purpose of HRS § 662-12 was to prohibit an attorney from receiving more than 20 per cent of an award as his fee.”
Viveiros v. State, 513 P.2d 487 (Haw. 1973).
· cites it 8× “In open court, the trial judge denied plaintiffs' attorney's fees, presumably on the authority of HRS § 662-12. The present appeal is from the trial judge's findings on general damages, comparative negligence and, tangentially, on the denial of attorney's fees.”
O'Grady v. State. (Haw. 2017).
· cites it 81× “…The O’Gradys contend that this court has the discretion to award attorney’s fees pursuant to HRS § 662-9 (2016) and HRS § 662-12 (2016). Respondents oppose the O’Gradys’ request for attorney’s fees, arguing that under HRS § 662-12, “there must be a judgment in favor of…”
KRB, LLC v. State, 155 Haw. 253 (Haw. App. 2024).
· cites it 6× “The State also argues that KRB is not entitled to an award pursuant to HRS 662-12 (2016) 10 because KRB recovered no monetary damages for tort claims against the State.”
Bridges v. Ching, 581 P.2d 766 (Haw. 1978).
· cites it 3× “Criminal Injuries Compensation Comm’n, supra, and an additional $300 as an attorney’s fee pursuant to HRS § 662-12. We think no argument is needed for the proposition that appellee Bridges, whose only relation to the case is as attorney for the claimants, can show no injury…”
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