Do Minors Pay a Lower Attorney Fee in Alaska?

By the FigureMyTax Editorial Team · How we calculate

Alaska has no lower contingency rate for children that we could find, but Civil Rule 90.2 requires the court to approve any attorney's fees and costs paid from a minor's settlement.

The court approves the fee

Under Alaska Civil Rule 90.2(a)(3), the court shall approve any attorneys' fees and costs that are to be paid from the settlement proceeds when the minor is represented by counsel. Rule 90.2(b)(1) adds that the court shall order reasonable expenses, costs and attorney's fees paid from the settlement.

What you must show

The court's petition form (PG-905) asks for the attorney's fee amount and says to attach a detailed invoice or itemized billing list from the attorney, along with each court cost and each unpaid expense such as a medical bill.

The ethics rule that frames the review

Alaska Rule of Professional Conduct 1.5(a) forbids charging or collecting an unreasonable fee or an unreasonable amount for expenses, judged by factors that include the time and labor required, the fee customarily charged in the locality, the amount involved and the result obtained, and whether the fee is fixed or contingent. Rule 1.5(c) requires a contingent fee agreement to be in writing and to state the percentages for settlement, trial or appeal, which expenses come out of the recovery, and whether they come out before or after the fee is calculated.

No cap, no child discount that we found

We did not find an Alaska statute or rule that caps a contingency fee or sets a lower percentage for children. The percentage comes from the agreement the parent or guardian signs, and the court decides whether it can be paid from the child's recovery.

Other amounts that come out first

Case costs, medical bills and liens, and reimbursement to a parent or guardian also reduce the child's share. See what a lien can take from a settlement and why the judge reviews the whole settlement.

See the effect of the fee

Change the fee in the Alaska minor's settlement calculator to see how 25%, 33.3% and 40% change what is left, and read where the remaining money can be held.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Alaska's rules apply to your specific case with a licensed Alaska attorney.