Do Minors Pay a Lower Attorney Fee in Florida? The Bar's Fee Schedule

By the FigureMyTax Editorial Team · How we calculate

Florida has no lower fee rate for a child, but the Bar's rules presume a contingency fee clearly excessive above a schedule that starts at 33⅓% of the first $1 million before the answer and 40% after it.

The schedule

Under Rule 4-1.5(f)(4)(B) of the Rules Regulating The Florida Bar (text as reproduced on a Florida legal-reference site), a fee above these standards is presumed clearly excessive without prior court approval: before the answer is filed, 33⅓% of any recovery up to $1 million, 30% of the portion between $1 million and $2 million, and 20% above $2 million; after the answer, 40%, 30% and 20%; and if all defendants admit liability and ask for a trial on damages only, 33⅓%, 20% and 15%. An extra 5% may apply after an appeal begins.

A presumption, not a fixed rate

The schedule says what is presumed clearly excessive, so your lawyer's percentage comes from the written agreement. If you cannot find a lawyer within the limits, you may petition the court to approve a different contract. We did not find a separate lower rate for minors.

A worked example

On a $60,000 settlement before the answer, the presumptive maximum is $20,000 (33⅓%); after the answer it is $24,000 (40%). With $2,500 in costs and $8,000 in medical bills, the child's net is $29,500 before the answer and $25,500 after. The Florida minor's settlement calculator applies the schedule.

Other amounts that come out

A guardian ad litem's fees come out of the gross proceeds unless waived, and costs, medical bills and liens also reduce the child's share. See what a lien can take from a settlement.

Ask before you sign

Ask for the fee agreement in writing, which stage the percentage is set at and whether costs come out before or after the fee. Then read how the $15,000 and $50,000 lines work.

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