Do Minors Pay a Lower Attorney Fee in Arkansas?

By the FigureMyTax Editorial Team · How we calculate

We found no Arkansas statute or court rule that sets a lower contingency percentage for children or a fixed fee cap, but the court must be satisfied that the settlement serves the child, and an unreasonable fee violates the ethics rules.

No special rate that we found

We did not find an Arkansas statute that caps personal injury contingency fees or sets a different percentage for minors. The percentage comes from the fee agreement the parent or guardian signs.

The court weighs the whole settlement

Because the court may authorize a ward's settlement only if satisfied it is in the ward's interest (Ark. Code 28-65-318(a)) and must investigate its merits (Davis, 1995), the fee that comes out of the child's recovery is part of what the judge can examine. Unlike some states, we found no Arkansas rule that expressly requires the court to approve the fee amount, so ask the court what it expects in your county.

The ethics rule

A guide to Arkansas fee rules quotes Rule 1.5(a) as saying a lawyer's fee shall be reasonable and a lawyer shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for expenses, and says only contingent fee agreements require a signature. We could not retrieve the rule text from the court's own site, so confirm the wording with the Arkansas Supreme Court's published rules.

Other amounts that come out first

Case costs, medical bills and liens, and a guardian ad litem'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 whole settlement.

See the effect of the fee

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