09-30-2017, 03:37 AM
It seems appropriate that the prevailing party should be able to recover their costs, but I think this is a common misconception. My understanding is that attorney's fees are only recoverable in Hawaii if there is a statute, case law, or agreement that allows it. Otherwise, the litigants are expected to cover their own costs. "My understanding" comes from a high mucky-muck Honolulu attorney. So I could easily be wrong.