REPORT TITLE: 
Tort actions; attorney's fees
DESCRIPTION:
Amends section 607-15.5, HRS, to limit attorneys' fees, expert
witness fees, court costs, and litigation expenses to a
combination of not more than 25% of the party's recovery.

 
HB HMIA 2000-48
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2867
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO TORT REFORM.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  The contingency fee agreement has been abused by
 
 2 attorneys to deprive deserving parties of their just compensation
 
 3 for their damage claims.  Something is drastically wrong with the
 
 4 legal system when the recovery of a damaged claimant is
 
 5 substantially reduced by "reasonable" attorneys' fees, expert
 
 6 witness fees, court costs and litigation expenses.
 
 7      Therefore, the purpose of this Act is limit attorneys' fees,
 
 8 expert witness fees, court costs, and litigation expenses to a
 
 9 combination totalling not more than 25% of the party's recovery,
 
10 whether by judgment, award, or settlement.
 
11      SECTION 2.  Section 607-15.5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[§607-15.5]  Attorneys' fees in tort actions.  (a) In all
 
14 tort actions in which a judgment is entered by a court of
 
15 competent jurisdiction, attorneys' fees for both the plaintiff
 
16 and the defendant shall be limited to a reasonable amount as
 
17 approved by the court having jurisdiction of the action.  In any
 
18 tort action in which a settlement is effected, the plaintiff or
 
19 the defendant may request that the amount of their respective
 

 
HB HMIA 2000-48
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 1 attorneys' fees be subject to approval of the court having
 
 2 jurisdiction of the action.
 
 3      (b)  Notwithstanding subsection (a) or any other law to the
 
 4 contrary, in cases where the party is represented by an attorney
 
 5 under a contingency agreement, the combination of attorneys'
 
 6 fees, expert witness fees, court costs and litigation expenses
 
 7 shall not total more than twenty-five percent of the party's
 
 8 recovery, whether by judgment, award, or settlement."
 
 9      SECTION 3.  New statutory material is underscored.
 
10      SECTION 4.  This Act shall take effect upon its approval.
 
11 
 
12 
 
13                         INTRODUCED BY:___________________________
 

 
HB HMIA 2000-48