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Hawaii Affidavit regarding Attorney Fees

Attorney Fee Affidavit

Name: Hawaii Affidavit regarding Attorney Fees
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (373 reviews)

Category:

Hawaii Civil Procedure - Statewide - Attorneys

State:

Hawaii

Control #:

HI-ATTYFEES

Format:

Instant download

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Public form

Description

This official form is to be used by an attorney for a prevailing party. The affidavit is submitted to the Court to request reimbursement of incurred attorneys' fees and expenses.

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FAQ

You must file a Statement of Claim with the Service Center or clerk of the court. Upon request, the Service Center or clerk will furnish the necessary forms to file a small claim, but the clerk CANNOT GIVE ANY LEGAL ADVICE. WHAT DOES IT COST TO FILE A STATEMENT OF CLAIM? The filing fee is $35.00.

The law in California generally provides that unless attorneys' fees are provided for by statute or by contract they are not recoverable. In other words, unless a law or contract says otherwise the winning and losing party to lawsuit must pay their own attorneys fees.

Reasonable attorneys' fees, including: time and labor required, novelty and difficultly of the issues, skill required, customary fees charged in the locality, amounts involved and results obtained, nature and length of representation, and experience and reputations of the lawyer).

If you are forced to defend yourself in the case, and you prevail, you can collect your attorneys' fees from the party truly at fault. For instance, if you are a general contractor, and one of your subcontractors burns the project down, the owner will probably sue you for the damage.

The American Rule states that each party pays its own attorneys' fees, regardless of who is the prevailing party.There are thus conditions to recover your attorneys' fees in a legal matter, and attorneys' fees are never recovered in California unless a lawsuit has been filed.

Attorney's fee awards refer to the order of the payment of the attorney fees of one party by another party. In the U.S., each party in a legal case typically pays for his/her own attorney fees, under a principle known as the American rule.

A client pays a contingent fees to a lawyer only if the lawyer handles a case successfully.If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case.

The typical attorney-fee clause states that if one party breaches the contract, the other party can sue and recover its attorney fees for bringing the suit. If you have a contract dispute or you if you are negotiating a contract, you should pay careful attention to any language on attorneys' fees.

Attorney Fee Affidavit

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FAQ

How do I file a small claim in Hawaii?

Does losing party pay legal fees?

What are three factors a court considers when establishing a reasonable hourly rate for attorney's fees?

When can you sue for attorney fees?

Are attorney fees recoverable?

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How do lawyers get paid if they lose a case?

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