Hiring a Bankruptcy Lawyer in Hawaii
How bankruptcy lawyers are paid, the Hawaii means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Hawaii: fee rules
| Rules on contingency fees | Hawai'i requires the scope, fee basis or rate and expenses to be communicated in writing (except for regularly represented clients or matters costing $250 or less), and fee agreements may not call any fee non-refundable or earned on receipt. A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses are deducted and whether before or after the fee is calculated, and clearly telling the client which expenses they owe regardless of outcome; at the end the lawyer must give a written statement of the outcome and the client's share. Under Rule 1.5(e), contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | Fee disputes are usually not handled by the lawyer discipline system unless a fee appears clearly unreasonable; they are referred to the Hawai'i State Bar Association's voluntary Fee Dispute Program, which is limited in scope and jurisdiction. Contact the program liaison at 808-792-7350 to see whether a dispute qualifies; forms come from the liaison. Mailing address: HSBA Fee Dispute Program, 1100 Alakea Street, Ste. 1000, Honolulu, HI 96813. |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection, created by the Hawai'i Supreme Court in 1981 and funded by an annual attorney fee, is a last resort for clients who lost money, property or other value through a Hawai'i lawyer's dishonest conduct (such as embezzlement, refusing to refund unearned fees, or borrowing with no intent or ability to repay). The lawyer generally must be deceased, bankrupt, incompetent, disbarred, suspended or resigned, convicted, gone from Hawai'i, or subject to a judgment for dishonest conduct. Negligence, malpractice and fee or service-quality disputes are not covered. Limits: up to $100,000 per claimant or $300,000 per attorney. The Judiciary page says claims must be filed within two years of the loss. Five Supreme Court-appointed trustees decide claims with help from ODC. |
Hawaii rules to know first
| Standard Chapter 13 lawyer fee | District of Hawaii (the state's only bankruptcy district): under the court's Chapter 13 Attorney Fee Guidelines, an attorney who opts in may have presumptively reasonable fees allowed as part of plan confirmation without a detailed fee application; the amounts are stated in Local Form H2016R, Chapter 13 Rights, Responsibilities and Fee Agreement (4/25). That form sets a $5,650 Presumptive Fee for Standard Services (standard services through 1 year after plan confirmation), plus a $450 "success fee" if the plan is confirmed at or before the initially scheduled confirmation hearing, and additional presumptive fees of $1,150 per parcel of real property or vehicle for a plan requesting valuation of collateral, and $1,150 per real property parcel for a motion to avoid a lien in real property. Presumptive fee amounts include associated costs (including any general excise tax per the Guidelines). Opposed preconfirmation matters and uncovered services require a standard fee application. Chapter 13 Attorney Fee Guidelines (procedure; earlier $5,000 figure in its attached form): https://www.hib.uscourts.gov/sites/hib/files/documents/Ch13_Attorney_Fee_GL%5B23may%5D.pdf |
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| Means test median income | 1 person: $85,254; 2 people: $106,202; 3 people: $123,454; 4 people: $142,181; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026). The U.S. Trustee updates this table periodically; check https://www.justice.gov/ust/means-testing for the table in effect on the filing date. The table's one-person column is labeled "1 EARNER." Income at or below the median for the household size generally means the Chapter 7 means test's further calculations are not required. |
| Homestead exemption | An interest in one parcel of real property in Hawaii worth up to $30,000 (fair market value over prior liens) for a head of a family or a person 65 or older, or up to $20,000 for any other person. Only one exemption per parcel. Does not apply against mortgages, tax liens and certain other liens. No acreage limit is stated. Source: HRS § 651-92(a)-(b) |
| State or federal exemptions | Filers may choose either Hawaii's exemptions or the federal bankruptcy exemptions in 11 U.S.C. 522(d). No Hawaii statute denying the federal exemptions was identified. Under 11 U.S.C. 522(b)(2), the federal list applies unless state law "specifically does not so authorize." Spouses filing together must both use the same system. Which state's exemptions apply depends on where the filer was domiciled for the 730 days before filing (522(b)(3)(A)). |
Find and check a lawyer
| Lawyer referral service | The Hawaii State Bar Association's Lawyer Referral & Information Service (LRIS) gives you the names and contact information of panel attorneys who handle your type of matter. "The referrals are free"; you contact the referred attorney to learn whether they can help and to arrange their terms and costs. Phone (808) 537-9140, email LRIS@hsba.org, Monday-Friday 8:30 a.m.-4:30 p.m. |
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| Check that the lawyer is licensed | The Hawai'i State Bar Association (HSBA) Member Directory lists every lawyer licensed to practice law in Hawai'i. Search by first and last name; each profile shows basic contact information and whether the attorney can actively practice law in Hawai'i. The HSBA notes that using "Esq." does not mean a person is licensed. |
| Check discipline history or file a complaint | Complaints about Hawai'i lawyers go to the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Hawai'i Supreme Court. Use ODC's optional sample form or a letter (one per lawyer), sign it, and mail or deliver the original to ODC, 201 Merchant Street, Suite 1600, Honolulu, HI 96813; fax and email are not accepted. Include the lawyer's name, the facts and dates, and any case number; send copies, not originals, of documents. Investigations are free to the complaining party and there is no filing deadline, though filing early is advised. Outcomes include dismissal, a private informal admonition or formal charges; serious sanctions are decided by the Hawai'i Supreme Court. The Disciplinary Board posts lists of disciplined and inactive attorneys. ODC: (808) 521-4591 or toll-free (888) 206-5622. Disciplined and inactive attorneys: https://dbhawaii.org/disciplined-hawaii-attorneys/ |
Free legal help
| Free legal aid | For people who cannot afford a lawyer, the Hawaii Judiciary lists the Legal Aid Society of Hawaii (the state's LSC-funded legal aid organization), which helps with divorce, public benefits, landlord-tenant and consumer problems: Oahu (808) 536-4302, Neighbor Islands toll-free 1-800-499-4302. Volunteer Legal Services of Hawaii helps with landlord-tenant, wills, domestic violence, divorce and other family matters: Oahu (808) 528-7046, Neighbor Islands toll-free 1-800-839-5200. The Judiciary also runs Self-Help Centers and Access to Justice Rooms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Hawaii · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.