Do Minors Pay a Lower Attorney Fee in Hawaii?

By the FigureMyTax Editorial Team · How we calculate

We found no Hawaii statute that caps injury contingency fees or sets a lower rate for a child. The fee comes from your written agreement and reduces the net the child receives.

What we looked for

We searched the Hawaii provisions on minors' money, liens and limitation periods and found no percentage cap on a contingency fee and no separate fee rule for a minor. We did not read the Hawaii Rules of Professional Conduct, so we cannot say what they require of a fee agreement.

Court review

If a court is asked to approve a settlement or arrangement for a child, it decides in the child's best interest (HRS 560:5-412), and in a pending case it appoints a guardian ad litem (Rule 17(c)). Ask your lawyer what fee information the court will see.

A worked example

On a $60,000 settlement with a one-third fee ($20,000), $2,500 in costs and $8,000 in medical bills and liens, the child's net is $29,500. At 25% the fee is $15,000 and the net $34,500. The Hawaii minor's settlement calculator lets you change the fee.

Other amounts that come out

Costs, medical bills and liens, and a guardian ad litem's fee 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, whether the percentage is calculated before or after costs, and what the court will be told. Then read how the child's money can be held.

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