Do Minors Pay a Lower Attorney Fee in Arizona?

By the FigureMyTax Editorial Team · How we calculate

We found no Arizona rule that sets a lower contingency percentage for children, but the court may appoint a guardian ad litem or master to review the attorney fees and costs in a minor's settlement.

The court can review the fee

Under Rule 53(c), the court may appoint a guardian ad litem (see A.R.S. 14-1408) or a master with instructions to address, among other things, the attorney fees to be paid from the minor's settlement proceeds, the costs of litigation and how those costs are apportioned. The review is discretionary, so ask your lawyer whether one is likely in your case.

The ethics rule

Arizona ER 1.5(a), as quoted in a State Bar ethics opinion, says a lawyer shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for expenses. A fee that is acceptable for an adult may be questioned in a child's case if it is out of proportion to the work and result.

A written agreement matters

A summary of an Arizona Court of Appeals decision says that Arizona's ethics rules require a contingent fee agreement to be in writing and bar a lawyer from collecting a contingent fee without it. Check that your agreement states the percentage and what happens to costs.

No cap and no child discount that we found

We did not find an Arizona statute or court rule that caps contingency fees in personal injury cases or sets a lower percentage for minors. The percentage comes from the agreement, and the court approves the settlement, including how it is divided, under Rule 53.

Other amounts that come out first

Costs, medical bills and liens, and the guardian ad litem's or master's fee, if one is appointed, also reduce the child's share. See what a lien can take from a settlement and why the judge reviews the settlement.

See the effect of the fee

Change the fee in the Arizona 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 Arizona's rules apply to your specific case with a licensed Arizona attorney.