Haw. Code R. § 6-23-21.01 - Attorneys' fees upon successful petition

(a) If after filing a petition, the petitioner is the prevailing party before the board or a court of competent jurisdiction, the petitioner may file a motion with the system for reasonable attorneys' fees and costs pursuant to the standards set forth in rule 1.5 of the Rules of Professional Conduct adopted by the Hawaii Supreme Court. The system's decision on the motion shall be made by the executive director.

(b) The petitioner shall file a motion for attorneys' fees and costs with the system no later than sixty days from the date of the board's final decision or the circuit court's ruling if the board's decision is appealed, whichever is later. The motion shall state the amount of fees and costs requested, and shall attach the following:

(1) A copy of the fee agreement between the petitioner and the petitioner's attorney, or an affidavit or declaration signed by the petitioner stating the attorney's fees agreed upon between the petitioner and the petitioner's attorney;

(2) A copy of the billing statement (s) from the petitioner's attorney detailing the legal work performed in connection with the petitioner's case, including:

(A) The legal work performed shall be itemized and described in detail by each service, along with the time spent on each service shown in increments of one tenth of an hour or less. Lumped entries or block billing shall not be accepted; and

(B) Costs shall be itemized and described in detail and accompanied by either:

(i) Invoices and receipts; or

(ii) An affidavit signed by the petitioner's attorney attesting to the costs; and

(3) Proof of payment of the requested attorneys' fees and costs by the petitioner to the petitioner's attorney.

(c) Reimbursement of attorneys' fees shall not be awarded until the requirements of this section are satisfied. The system may require additional details and justification of time billed or costs claimed.

Notes

Haw. Code R. § 6-23-21.01

[Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 88-28, 88-82, 91-2) Am and comp 4/11/2022