Bill > HB518

This bill aims to modify Hawaii's small claims court procedures by prohibiting licensed attorneys from representing clients in small claims court. The legislation is based on the legislature's findings that small claims court was originally designed to be an accessible, cost-effective alternative to traditional judicial processes, but the current allowance of legal representation can create inequitable circumstances. The bill specifically amends Section 633-28 of the Hawaii Revised Statutes to remove previous language that allowed persons (with court approval) to appear on behalf of themselves or others, and instead explicitly prohibits licensed practitioners from appearing on behalf of another person in small claims court. The legislature notes that many individuals cannot afford legal representation, especially for claims under $5,000, and points to other states like California, Nebraska, and Idaho that have similar restrictions. The goal is to ensure that small claims court remains a fair, accessible method of obtaining justice for all individuals by preventing professional legal representation. Representation by unlicensed individuals must be without compensation, and any compensated representation would be considered the unlawful practice of law. The bill will take effect upon approval.

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https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=518&year=2025