Do Minors Pay a Lower Attorney Fee in Colorado?

By the FigureMyTax Editorial Team · How we calculate

We found no Colorado rule that sets a lower contingency percentage for children, but the probate court adjudicates attorney fees against the settlement funds, and the petition must attach the fee agreement and billing records.

The court adjudicates the fee

Under Rule 16, the court adjudicates the allowance or disallowance, in whole or in part, of outstanding liens and claims against the settlement funds, including attorney fees. The petition must state the legal fees and costs requested and attach the relevant fee agreements, statements of costs and billing records.

The ethics rule behind the agreement

Colorado Rule of Professional Conduct 1.5 bars an unreasonable fee and lists factors such as the time and labor required, the customary fee, the amount involved and results obtained, and whether the fee is fixed or contingent. A contingent fee agreement must be communicated in writing, signed by the client and the lawyer, and state the percentage on settlement, trial or appeal, whether it is calculated before or after costs, and the expenses the client may owe.

No cap and no child discount that we found

We did not find a Colorado statute that caps contingency fees in personal injury cases or sets a lower percentage for minors. The percentage comes from the signed agreement, and the court may allow the fee in whole or in part.

Other amounts that come out first

Costs, medical bills and liens, and a guardian ad litem's or visitor's fee if the court appoints one 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 Colorado 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 Colorado's rules apply to your specific case with a licensed Colorado attorney.