Bill > HB518

This bill proposes to modify Hawaii's small claims court procedures by prohibiting licensed attorneys from representing clients in small claims court. The legislature's rationale is that small claims court was originally designed to provide an accessible, cost-effective, and equitable judicial process for resolving disputes involving relatively small amounts of money (typically $5,000 or less). By preventing legal representation, the bill aims to level the playing field for individuals who might not be able to afford an attorney and ensure that the court remains a straightforward venue for resolving disputes. The bill specifically amends Section 633-28 of the Hawaii Revised Statutes to remove previous language that allowed persons to appear on behalf of themselves or others in small claims court, and now explicitly prohibits licensed practitioners from appearing on behalf of another person. Any representation services rendered for compensation would be considered the unlawful practice of law. The bill notes that other states like California, Nebraska, and Idaho have similar restrictions on legal representation in small claims court, and it will take effect immediately upon approval.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=518&year=2026