Hiring a Real Estate Lawyer in Hawaii
What a home seller in Hawaii must disclose, how foreclosure works, 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
| What a home seller must disclose | Yes. A seller of residential real property must give the buyer a signed and dated disclosure statement no later than 10 calendar days after the buyer's purchase contract is accepted. The buyer then has 15 calendar days to review it and may rescind the contract in writing during that time without losing deposits. Some sales are exempt. |
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| How foreclosure works | Both. A lender may foreclose through a court action in circuit court (judicial foreclosure), or, where allowed, by a nonjudicial power-of-sale foreclosure under Part II of HRS chapter 667. An owner-occupant facing a nonjudicial foreclosure of residential property may convert it to a judicial foreclosure by filing a petition in circuit court within 30 days after being served with the foreclosure notice. The statutes do not say which method is more common. |
| Foreclosure timeline | In a nonjudicial foreclosure, the cure deadline in the Notice of Default must be at least 60 days after the notice. The public sale must then take place on the later of at least 60 days after the public notice of sale is distributed, or at least 14 days after the third published notice advertisement. Sales must be held on state grounds in the county where the property is located, during business hours on a business day. |
| HOA foreclosure | Yes. A condominium association's lien for unpaid common expenses may be foreclosed by court action or by nonjudicial power of sale, even if the governing documents do not include power-of-sale language. However, a lien that arises solely from fines, penalties, legal fees or late fees cannot be foreclosed nonjudicially and must be filed in court. In an association's court foreclosure, the owner must be given contact information for approved housing and budget counselors, may cure within 60 days after service by paying the full default and related fees, and may submit a payment plan within 30 days; the association may not reject a reasonable payment plan. |
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 · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
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.