§ 3 Duty to Client
3(1) General Provisions
3(2) Conflict of Interest
3(3) Malpractice
3(4) Ineffective Assistance of Counsel
§ 4 Duty to Court
4(1) General Provisions
4(2) Sanctions
§ 5 Compensation
5(2) Litigation Expenses
§ 1 The Office of Attorney
Where legally trained counsel is not available to petitioner, court will not disregard his right to hearing on technicality. Tuia v. Yandall, 4 A.S.R. 559
Trial Practitioner may only practice in Land and Titles Division of High Court, unless court finds Practitioner qualified to practice in other division or divisions. 5 A.S.C. § 202(d); 26 A.S.C. § 1. In re Asaivao v. Immigration Board, 4 A.S.R. 980.
Court cannot allow violation of its rules forbidding Practitioner licensed only for Land and Titles Division to practice in Appellate Division. In re Asaivao v. Immigration Board, 4 A.S.R. 980.
Although Court could dismiss appeal brought by non-licensed Practitioner, this would be unduly harsh, and appellants may obtain appropriate counsel. In re Asaivao v. Immigration Board, 4 A.S.R. 980.
One who is not licensed to practice law but who attempts to represent another person in court, by taking a pro forma assignment of an interest in the subject matter giving rise to litigation and appearing as a pro se plaintiff, thereby engages in the unauthorized practice of law. A.S.C.A. § 31.0104. Parisi v. Parisi, 10 A.S.R.2d 106.
Attorney licensed in another jurisdiction, who in the course of providing legal services to a client took a pro forma assignment of a judgment belonging to the client and entered a court appearance in the guise of a pro se plaintiff without applying for admission pro hac vice, engaged in unauthorized practice of law. A.S.C.A. § 31.0104; H.C.R. 145. Parisi v. Parisi, 10 A.S.R.2d 106.
Court would accept foreign judgment for registration and enforcement in the name of the judgment creditor, but would not register and enforce an assignment to her attorney whose principal effect was to allow the attorney to avoid Court rule requiring admission to the Bar pro hac vice. A.S.C.A. § 43.1701 et seq.; H.C.R. 145. Parisi v. Parisi, 10 A.S.R.2d 106.
Court presented with a settlement involving minor children would not approve a fee to an attorney from another jurisdiction who had not applied for admission pro hac vice and whose services, if any, constituted the unauthorized practice of law. Moananu v. American Samoa Gov't (Mem.), 11 A.S.R.2d 10.
Chief Justice of the High Court has the ultimate authority to decide who may practice law in the territory. A.S.C.A. § 31.0101(a). Siofele v. Hall, 12 A.S.R.2d 9.
Two week period without formal response from bar association to petitioner's letter requesting reinstatement was not the sort of "failure to act" which might be remedied by extraordinary writ proceedings, especially where petitioner did not file a formal application or provide requested information to the bar association. Siofele v. Hall, 12 A.S.R.2d 9.
"Practice of law" includes legal representation of another in court or in settlement negotiations with opposing attorneys. A.S.C.A. § 31.0104. Pene v. American Samoa Gov't, 12 A.S.R.2d 43.
Evidence was sufficient to convict defendant of unauthorized practice of law where it was established that appellant filed a memorandum in a criminal case containing legal argument offered on behalf of the defendant. A.S.C.A. § 31.0104. Pene v. American Samoa Gov't, 12 A.S.R.2d 43.
Evidence was sufficient to convict defendant of unauthorized practice of law where appellant had written letters on behalf of a convicted prisoner stating that defendant was prepared to bring a civil action on behalf of the prisoner "pro se," and proposing a settlement which defendant termed "my personal offer and compromise." A.S.C.A. § 31.0104. Pene v. American Samoa Gov't, 12 A.S.R.2d 43.
Only members of the American Samoa Bar Association may practice law in American Samoa. H.C.R. 140. Patau v. Rosendahl Corp., 19 A.S.R.2d 80.
As officers of the court, members of the bar may be appointed, without compensation if necessary, as counsel to insure that indigent criminal defendants receive legal representation. Rev. Const. Am. Samoa Art. I, § 6; A.S.C.A. §§ 46.0502(2), 46.1001. American Samoa Gov't v. Wilson, 23 A.S.R.2d 159.
§ 2 Scope of Representation
Mere proffering of retainer to attorney by client does not create attorney-client relationship if attorney refuses retainer and does not agree to take case. Tago v. Hunkin, 3 A.S.R. 427.
Counsel's statement at trial conceding opponent's position did not bind client who, with opponent's knowledge, was not and could not have been given notice of trial and therefore could not have apprised counsel of her position or have authorized the concession. Wray v. Wray, 5 A.S.R.2d 34.
Court did not deprive attorney of life, liberty, or property without due process of law, either by injury to his reputation or otherwise, where (1) attorney had represented judgment debtor; (2) attorney also represented other members of judgment debtor's family; (3) after judgment, the judgment debtor and her family had agreed to changes in the record ownership of property formerly recorded as property of the judgment debtor, had arranged for the sale of the property, and had removed themselves from the territorial jurisdiction of the court; (4) attorney had in his possession the proceeds of the sale, which judgment creditor alleged to be the property of the debtor but which debtor and other family members claimed to be the property of other family members; (5) court had held the funds to be the property of the judgment debtor and subject to seizure by the judgment creditor; and (6) court ordered the funds to be deposited in the registry of the court pending further proceedings. In re Guardianship of Tedrow, 7 A.S.R.2d 72.
"Practice of law" includes legal representation of another in court or in settlement negotiations with opposing attorneys. A.S.C.A. § 31.0104. Pene v. American Samoa Gov't, 12 A.S.R.2d 43.
"[O]ther reason[s] justifying relief from the operation of the judgment" were found when a case was not actually litigated, the stipulation resulted from dealings between an attorney and an unrepresented party, the unrepresented party may have believed himself to be stipulating only to pay $9700 "inclusive of interest," and that interpretation was not altogether unreasonable under the circumstances. T.C.R.C.P. 60(b)(6). Samoa Products, Inc. v. A`asa, 17 A.S.R.2d 66.
§ 3 Duty to Client
§3(1) General Provisions
Attorney in land case has a duty to know exactly what land is being claimed by each party and to explain this to his client well before trial; court would therefore deny motion for new trial by a party who did not claim certain land during the trial because neither he nor his attorney knew that it was part of the land being claimed by another party. Moea`i v. Te`o, 9 A.S.R.2d 107.
For guardians ad litem and their counsel to request that minor child receive no share in settlement award was inconsistent with their fiduciary obligation to him, especially where the result of disregarding the child's interests was to leave more money to be distributed among other family members including the guardians themselves. Galo v. American Samoa Gov't, 10 A.S.R.2d 94.
Attorney for guardians ad litem of minor child should have advised guardians of their fiduciary obligation rather than acquiescing in their request to eliminate the child from distribution of settlement award. Galo v. American Samoa Gov't, 10 A.S.R.2d 94.
Attorney who was served with the court's opinion and judgment had a duty to inform his clients of the result in time for them to decide whether they wished to file a motion for new trial or reconsideration. A.S.C.A. § 43.0802(a),(b). Gi v. Temu (Mem.), 12 A.S.R.2d 33.
Attorney who was suspended from practice of law for a period beginning four days after he was served with court's opinion and judgment should have informed his clients of the opinion and explained their right to appeal prior to the date of his suspension. Gi v. Temu (Mem.), 12 A.S.R.2d 33.
Disbarred attorney had a duty to assist his former clients in an orderly transition to new counsel, but had no right to sell or barter his practice or any part of it to another attorney in exchange for a percentage of the proceeds. Model Rule of Professional Conduct 5.4. Te`o v. Continental Insurance Co. (Mem.), 13 A.S.R.2d 42.
Although mere consultation with a prospective client does not always give rise to the full panoply of attorney-client obligations, it imposes at the very least a duty not to induce detrimental reliance on the part of the prospective client. In re Matai Title Muagututi`a, 15 A.S.R.2d 1.
A lawyer or legal practitioner who indicates his willingness to take a particular case if a retainer is paid, without even inquiring into the existence of any impending deadlines in the case, runs a great risk of inducing detrimental reliance in the client. In re Matai Title Muagututi`a, 15 A.S.R.2d 1.
Although courts have granted relief from judgment when a party did not learn of the judgment prior to the appeal deadline through some fault of the clerk or another court official, it is an abuse of discretion for the court to grant relief when the party missed the appeal deadline through his own or his lawyer's fault. Lualemana v. Asifoa, 17 A.S.R.2d 151.
Even if a party's counsel is being paid by someone else, his obligation is to represent that party and not the person making the payments. Leapagatele v. Nyel, 17 A.S.R.2d 201.
An attorney who undertakes to conduct a legal proceeding promises, among other things, to see the matter through to its conclusion, and may not withdraw from the suit without the client's consent or justifiable cause. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
Even where an attorney's non-consensual withdrawal from representation of a client might be appropriate under the Model Code of Professional Conduct, the attorney nonetheless owes it to his client to first take all reasonable steps to secure his client's case from foreseeable prejudice. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
To ensure that a client is not prejudiced by his attorney's withdrawal of representation, the attorney should take precautions such as giving due notice to his client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with all applicable laws and rules. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
An attorney acting without permission from his client must either show good cause for withdrawal or show that withdrawal can be accomplished without a material, adverse effect on the client's interests; as such, good cause does not include counsel's threatening to withdraw from representation unless the court rules favorably upon a motion. H.C.R. 104. Interocean Ships, Inc. v. Samoan Gases, 24 A.S.R.2d 145.
An attorney must file a timely notice of appeal if the client so requests, even if the attorney thinks the appeal frivolous, in order to avoid prejudicing the client's cause before the court decides whether the appeal is actually frivolous. American Samoa Gov’t v. Suani, 30 A.S.R.2d 27.
If a motion to withdraw by counsel of an indigent in a criminal case is successful, the appeal is found by the appellate court to be frivolous and simultaneously dismissed. The appellate division, not the trial court, is therefore the proper forum for a motion to withdraw under the Anders doctrine. American Samoa Gov’t v. Suani, 30 A.S.R.2d 27.
An attorney filing an Anders brief must make a thorough review of the record and discuss the strongest arguments revealed by that review. This discussion of arguments requires analysis, the citation of applicable case authority, and specific references within the record. American Samoa Gov’t v. Suani, 30 A.S.R.2d 27.
§3(2) Conflict of Interest
Legal practitioner who has served as arbitrator in a land dispute in his capacity as an employee of the Office of Samoan Affairs may not serve as counsel to one of the parties in a case resulting from the same dispute. Fanene v. Seva'aetasi (Mem.), 3 A.S.R.2d 108.
Where government attorney advised government official against retaining separate counsel in grievance procedure, but did not claim to be representing the government official, and where there was no evidence that the official's failure to employ separate counsel deprived her of any remedy that would otherwise have been available to her, the attorney's conduct did not entitle the official to recover damages against the government. Banks v. American Samoa Gov't, 4 A.S.R.2d 113.
Although retention of a single attorney to represent the interests of minors and the personal interests of their guardian may sometimes be justified by convenience and financial savings, the guardian and the attorney must carefully consider potential conflicts between the interests of the guardian and those of the minors. In re Guardianship of Tedrow, 7 A.S.R.2d 72.
Joint representation of minors and their guardian by a single attorney is not appropriate where there is actual conflict between the reasonably arguable rights and interests of the guardian and those of the minors. In re Guardianship of Tedrow, 7 A.S.R.2d 72.
Party who wishes to seek relief from judgment in land case on the ground that his attorney did not explain to him before trial what land was involved in the case should consult another attorney, since pursuit of such relief will give rise to a conflict between the party and his present attorney. Moea`i v. Te`o, 9 A.S.R.2d 107.
When parents who had accepted appointment as guardians ad litem for their minor child relinquished their parental rights to the child, parents and their attorney continued to have a fiduciary relationship requiring vigorous protection of the child's interests in connection with the lawsuit, especially insofar as these interests might conflict with their own. Galo v. American Samoa Gov't, 10 A.S.R.2d 94.
Even if a party's counsel is being paid by someone else, his obligation is to represent that party and not the person making the payments. Leapagatele v. Nyel, 17 A.S.R.2d 201.
§3(3) Malpractice
SEE TORTS § 7(2) – LEGAL PROFESSION
Consequences of attorney's failure to comply with court rules should fall whenever possible on attorney rather than client. Star-Kist Samoa, Inc., v. Workmen's Compensation Commission, 7 A.S.R.2d 137.
Former counsel's failure to communicate a judgment to a client, if true, might or might not give rise to a cause of action for malpractice, but this does not give the court jurisdiction it does not have. Taulaga v. Patea, 17 A.S.R.2d 206.
An attorney who abandons a legal proceeding without justifiable cause or the client's consent is generally liable to the client for damages. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
Where validity of plaintiff's action remains unchanged after inappropriate withdrawal of counsel, no damages will be found for former counsel's failure to prosecute a claim. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
Where plaintiff has had ample time to obtain substitute counsel but fails to do so because he "trusts no other lawyers," withdrawing counsel will not be assessed damages for leaving plaintiff to pursue his suit pro se. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
Improper withdrawal of representation may expose counsel to liability for the resultant harm to the client, and any intentional breach of the Model Rules of Professional Responsibility is sufficient grounds for the imposition of disciplinary sanctions. H.C.R. 155. Interocean Ships, Inc. v. Samoan Gases, 24 A.S.R.2d 145.
A.S.C.A. § 43.0210 states that the statute of limitations shall be two years and not afterward; therefore applying Rule 6(a) to extend the time prescribed by A.S.C.A. § 43.0210 would be in conflict with the expressed intent of the Fono. A.S.C.A. § 43.0210; T.C.R.C.P. 6. Patau v. Hildre, 27 A.S.R.2d 83.
T.C.R.C.P. 6(a) does not extend the computation of time for the statute of limitations regarding a cause of action for legal malpractice pursuant to A.S.C.A. § 43.0210(2). A.S.C.A. § 43.0210; T.C.R.C.P. 6. Patau v. Hildre, 27 A.S.R.2d 83.
Relief with regard to an inexcusable mistake of an attorney lies against the attorney, not relief from judgment. Vivao v. Alepeni, 28 A.S.R.2d 147.
Counsel's inability to keep track of his calendar is not excusable neglect. Vivao v. Alepeni, 28 A.S.R.2d 147.
§3(4) Ineffective Assistance of Counsel
SEE CRIMINAL PROCEDURE § 11(3) – EFFECTIVE ASSISTANCE OF COUNSEL
§ 4 Duty to Court
SEE AMERICAN SAMOA GOVERNMENT § 5(2) – ADMINISTRATION OF COURT
§4(1) General Provisions
Counsel who believes requested appeal of criminal conviction to be frivolous must so advise the court, request permission to withdraw, and file a brief identifying any points in the record that could conceivably support an appeal. American Samoa Gov't v. Agasiva, 6 A.S.R.2d 32.
Counsel who despite court's notices repeatedly submitted proposed orders and notices that did not comply with requirements of notice by publication statute would be ordered to pay cost of court time consumed in connection with the improper notice, and to refrain from billing his client for time and costs of effecting improper notice. In re A Minor Child, 7 A.S.R.2d 24.
Consequence of attorney's failure to comply with court rules should fall whenever possible on attorney rather than client. Star-Kist Samoa, Inc., v. Workmen's Compensation Commission, 7 A.S.R.2d 137.
An attorney who signs a complaint certifies to the court that he has not only read the pleading but that, to the best of his knowledge, there is good ground to support it. T.C.R.C.P. Rule 11. Rakhshan v. Fuimaono, 18 A.S.R.2d 77.
An appeal that raises no legal issues is an abuse of process and if brought by a lawyer would violate his or her duty not to bring a frivolous appeal. Rakhshan v. American Samoa Gov't, 20 A.S.R.2d 115.
Severe economic hardship is a factor which the court may appropriately consider in deciding whether to permit an attorney to withdraw as counsel. American Samoa Gov't v. Wilson, 23 A.S.R.2d 159.
Because of the interest in the finality of judgments, "fraud on the court" (1) is typically confined to the most egregious cases, such as an attorney's exerting improper influence on the court or the bribery of a judge or juror, in which the integrity and impartial functioning of the court is directly impinged; and (2) must be proven by "clear and convincing evidence." Rocha v. Rocha, 24 A.S.R.2d 55.
Professional standards are violated by filing a frivolous petition for rehearing, against the explicit warning of sanctions in a prior opinion, using the same arguments attempted in the appeal. T.C.R.C.P. 11. Fanene v. Fanene, 30 A.S.R.2d 115.
§4(2) Sanctions
SEE AMERICAN SAMOA GOVERNMENT § 5(7) – CONTEMPT
Motion to dismiss for failure to timely file pre-trial brief would be denied, but moving party could recover attorney fees and expenses occasioned by the delay and related proceedings from attorney who had failed to file brief. Star-Kist Samoa, Inc., v. Workmen's Compensation Commission, 7 A.S.R.2d 137.
Where plaintiff's counsel had been ordered to amend his pleading, did not do so for a period of two years, and did not answer letters from opposing counsel respecting the failure to amend, court would not dismiss the action for failure of diligent prosecution, but would assess against plaintiff's counsel an award to opposing parties of the fees incurred in connection with the motion to dismiss, and would impose deadlines within which plaintiff must complete discovery and move to set a trial date. Kane v. Country Comfort, 10 A.S.R.2d 16.
Improper withdrawal of representation may expose counsel to liability for the resultant harm to the client, and any intentional breach of the Model Rules of Professional Responsibility is sufficient grounds for the imposition of disciplinary sanctions. H.C.R. 155. Interocean Ships, Inc. v. Samoan Gases, 24 A.S.R.2d 145.
When the court directs parties to brief issues, it asks questions of real concern to them and expects timely and relevant answers. Attorneys who inadvertently or willfully disregard such orders act unprofessionally, and contemptuously if the disobedience is willful. The court will impose sanctions for such conduct. Interocean Ships, Inc. v. Samoa Gases, 29 A.S.R.2d 198.
The court will impose fitting sanctions on counsel personally for transgressions of either new Rule 11 or the contempt rules. Interocean Ships, Inc. v. Samoa Gases, 29 A.S.R.2d 198.
§ 5 Compensation
§5(1) Compensation From Client
Court will enforce oral attorney’s fee contract contingent upon attorney obtaining registration of land and providing for portion of land so registered as fee. Tuana’itau v. Fuimaono, 4 A.S.R. 150.
Court's statutory responsibility to supervise litigation involving minors imposes a duty on the court to exercise its own best judgment on the fairness of attorney fee arrangements. Oto v. National Pacific Insurance Co. (Mem.), 3 A.S.R.2d 114.
In a personal injury action on behalf of a minor, court would not approve a contingency fee larger than one-third of the total amount recovered. Oto v. National Pacific Insurance Co. (Mem.), 3 A.S.R.2d 114.
Counsel should be appointed by the court without cost to a criminal defendant only when he is genuinely unable to pay for his own lawyer. American Samoa Gov't v. Fesagaiga, 4 A.S.R.2d 29.
For the purpose of determining whether a criminal defendant is unable to pay for his own lawyer, the court should consider all funds available to the defendant from all sources, not just the income from his employment. American Samoa Gov't v. Fesagaiga, 4 A.S.R.2d 29.
Trial court decision that attorney was entitled to fee from former client would be affirmed when the underlying case had been decided against the client on the merits and not due to inadequate representation by the attorney. Tuika v. Ala`ilima, 8 A.S.R.2d 163.
Contingent fee agreements must be in writing. Rule of Professional Conduct 1.5. Moananu v. American Samoa Gov't (Mem.), 11 A.S.R.2d 10.
Court presented with a settlement involving minor children would not approve a fee to an attorney from another jurisdiction who had not applied for admission pro hac vice and whose services, if any, constituted the unauthorized practice of law. Moananu v. American Samoa Gov't (Mem.), 11 A.S.R.2d 10.
Court presented with a settlement involving minor children would not approve a contingent fee agreement which was said to have been reduced to writing but of which all copies had inexplicably disappeared, but would base the fee award upon quantum meruit. Moananu v. American Samoa Gov't (Mem.), 11 A.S.R.2d 10.
Disbarred attorney had no right to enforce contingent fee agreements he had made while still a licensed attorney. Model Rule of Professional Conduct 5.4. Te`o v. Continental Insurance Co. (Mem.), 13 A.S.R.2d 42.
Disbarred attorney had a duty to assist his former clients in an orderly transition to new counsel, but had no right to sell or barter his practice or any part of it to another attorney in exchange for a percentage of the proceeds. Model Rule of Professional Conduct 5.4. Te`o v. Continental Insurance Co. (Mem.), 13 A.S.R.2d 42.
Disbarred attorney might be able to collect on a quantum meruit basis for work performed for clients prior to his disbarment, but disbarred attorney who had apparently already illegally collected several thousand dollars after his disbarment could not collect additional fees without filing a claim to substantiate his entitlement to quantum meruit recovery. Model Rule of Professional Conduct 5.4. Te`o v. Continental Insurance Co. (Mem.), 13 A.S.R.2d 42.
Attorney who agreed to share contingent fee with disbarred attorney, and who had no fee agreement of his own with the client, could not enforce the fee agreement made by the disbarred attorney but could collect for his work on a quantum meruit basis. Model Rule of Professional Conduct 5.4. Te`o v. Continental Insurance Co. (Mem.), 13 A.S.R.2d 42.
Attorney's fees can be validly granted in a written promissory note. Pago Petroleum Products, Inc. v. Ye Ahn Moolsoan, Ltd., 29 A.S.R.2d 34.
Attorney's fees are allowed for a bad-faith refusal to pay maintenance and cure. Clifton v. Voyager, Inc., 29 A.S.R.2d 80.
§5(2) Litigation Expenses
In the absence of contractual or other legal basis for the collection of attorney's fees in an action to recover a debt, such fees will not be awarded and should not be included by the plaintiff in his pleadings as part of the balance on an "open account." Samoa Products v. Pereira, 3 A.S.R.2d 45.
When the court concludes by a preponderance of the evidence that defendants were the innocent victims of a lawsuit brought to recover money that the plaintiff knew they did not owe, the court may award the defendants their attorney's fees. Samoa v. Gibbens, 3 A.S.R.2d 121.
Party defending against attempt to relitigate claim previously decided against claimant could recover reasonable attorney fees. Taulaga M. v. Patea S., 4 A.S.R.2d 186.
Bank could not recover attorney fees as provided in promissory notes on which borrower defaulted when bank had breached its contract and was entitled only to quantum meruit recovery. Development Bank v. Lava, 5 A.S.R.2d 24.
Contractual provision for "reasonable" attorney fees would not be construed to authorize a fee award greater than the amount of attorney fees actually incurred, even if the greater amount might have been reasonable. Development Bank of American Samoa v. Pritchard, 7 A.S.R.2d 102.
Motion to dismiss for failure to timely file pre-trial brief would be denied, but moving party could recover attorney fees and expenses occasioned by the delay and related proceedings from attorney who had failed to file brief. Star-Kist Samoa, Inc., v. Workmen's Compensation Commission, 7 A.S.R.2d 137.
Whether to award attorney fees in interpleader proceedings is within discretion of court. National Pacific Insurance Co., Ltd., v. Mauala, 7 A.S.R.2d 146.
Court should not award attorney fees to stakeholder in interpleader proceedings where the claims sought to be interpled are of a sort that ordinarily arise in course of stakeholder's business and inter-pleader would be of benefit to the stakeholder even in the absence of an attorney fee award. National Pacific Insurance Co., Ltd., v. Mauala, 7 A.S.R.2d 146.
Attorney fees may be awarded to an appellee where the appellant has taken a frivolous appeal. Tuika v. Ala`ilima, 8 A.S.R.2d 163.
Where plaintiff's counsel had been ordered to amend his pleading, did not do so for a period of two years, and did not answer letters from opposing counsel respecting the failure to amend, court would not dismiss the action for failure of diligent prosecution, but would assess against plaintiff's counsel an award to opposing parties of the fees incurred in connection with the motion to dismiss, and would impose deadlines within which plaintiff must complete discovery and move to set a trial date. Kane v. Country Comfort, 10 A.S.R.2d 16.
Where attorney had failed to represent one of his four clients, a minor child, and had failed to advise his other clients of their fiduciary obligations to the child, court charged with settlements involving minors would not approve an attorney's fee in the maximum amount permitted by law but would require a reduction in the fee. A.S.C.A. § 43.1213. Galo v. American Samoa Gov't, 10 A.S.R.2d 94.
UCP art. 12(e) does not provide a basis for awarding attorney's fees. Pacific Reliant Industies, Inc., v. Amerika Samoa Bank, 14 A.S.R.2d 41.
Concerning an unwritten contract, which affords no contractual or legal basis for variation from the rule that each party pays his own attorney fees, plaintiff was entitled to recover only the principal amount plus six per cent pre-judgment interest. Samoa Products, Inc. v. A`asa, 17 A.S.R.2d 66.
An employer, while entitled to reimbursement from employee's third-party recovery, is not required to bear a proportionate share of the litigation expenses and attorney's fees incurred by the employee. Vaeao v. Samoa Air, 20 A.S.R.2d 37.
A plaintiff's attorney's fees are ordinarily excluded from judgments for injunctive relief in the absence of statutory authorization or special circumstances. Thompson v. Toluao, 24 A.S.R.2d 127.
The High Court has jurisdiction over monetary claims exceeding $5,000, pursuant to A.S.C.A. § 3.0208(a)(1), but in calculating the amount in controversy, attorney's fees expressly provided for by contract, and interest accrued prior to the commencement of the action may be included. Non‑contractual attorneys fees and other incidental costs may not be included in the calculation. Jessop v. Histake, 25 A.S.R.2d 12.
Under a motion for attorney's fees and costs filed pursuant to T.C.R.C.P. Rule 37(a), the court may require either party, or the attorney advising the conduct that necessitated the motion, to bear all or part of such costs. Johnson v. Coulter, 25 A.S.R.2d 84.
The general rule is against recovery of attorney's fees as such, by a party which incurs them in enforcing a claim against another. It is equally well settled, however, that the reasonable expenses incurred by an indemnitee in defending a claim against him may be recovered of his indemnitor--and that these expenses include attorney's fees. This exception applies equally to courts sitting in admiralty. However, the prevailing party in an admiralty case is generally not entitled to an award of attorney's fees, absent statutory authorization. Interocean Ships v. Samoa Gases, 26 A.S.R.2d 28.
In cases where contribution has been allowed for damages, both in admiralty and non-admiralty, courts have generally denied a right to contribution for attorney's fees and expenses incurred in defense of the action brought by the injured party. Interocean Ships v. Samoa Gases, 26 A.S.R.2d 28.
Attorney's fees are not ordinarily recoverable by the prevailing party, but courts do have the power to award attorney's fees when an opposing party has acted in bad faith, wantonly, oppressively or when a statute dictates. Fiaui v. Faumuina, 27 A.S.R.2d 36.
Court costs are allowed to the prevailing party as of course unless the court otherwise directs. T.C.R.C.P. 54(d). Pago Petroleum Products, Inc. v. Ye Ahn Moolsoan, Ltd., 29 A.S.R.2d 34.
A successful litigant in summary eviction cases may be awarded costs of suit, but not attorney's fees in absence of specific statutory authority or the parties' agreement. A.S.C.A. § 43.1412. Cox v. Williams, 31 A.S.R.2d 110.