Do Minors Pay a Lower Attorney Fee in Maine?

By the FigureMyTax Editorial Team · How we calculate

We found no Maine statute that caps injury contingency fees or sets a lower rate for a child. Rule 17A requires an affidavit stating any fee to be paid to an attorney for the minor, so the court sees it when it approves the settlement.

What we looked for

We searched the Maine provisions on minors' settlements, 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 Maine Rules of Professional Conduct, so we cannot say what they require of a fee agreement.

What the court sees

The motion or application must be accompanied by an affidavit stating the terms of and any reasons for approving the settlement and any fee to be paid to an attorney for the minor (Rule 17A(b)(1)), and the court may inquire into the adequacy of the settlement at the hearing. A separate affidavit must state whether the lawyer who prepared the papers has any connection to a party adverse to the minor.

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

Other amounts that come out

Costs, medical bills and liens, and any guardian ad litem or attorney for the minor appointed by the court reduce the child's share. A hospital lien ranks behind your attorney, and MaineCare recovers from what is left after fees and costs. 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 Maine's rules apply to your specific case with a licensed Maine attorney.