Do Minors Pay a Lower Attorney Fee in Illinois?

By the FigureMyTax Editorial Team · How we calculate

We found no Illinois statute that caps injury contingency fees or sets a lower rate for a child. The 16th Circuit's local rule asks for a statement justifying any contingent fee over 25% of the gross settlement.

What we looked for

We searched the Illinois provisions on liens, minors' money and limitation periods and found no percentage cap on a contingency fee and no separate fee rule for a minor.

Court review

When a court approves a minor's settlement, the 16th Circuit's local rule requires a sworn statement supporting the fee: for a contingent fee, an account of the work performed, the result and a copy of the fee agreement, and a statement justifying any amount in excess of 25% of the gross settlement. Other counties have their own rules; ask your court.

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 Illinois minor's settlement calculator lets you change the fee.

Other amounts that come out

Costs, medical bills and liens, and any guardian ad litem fee reduce the child's share. If provider liens reach 40% of the recovery, an attorney's lien is limited to 30% (770 ILCS 23/10). 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 is held.

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