Do Minors Pay a Lower Attorney Fee in Massachusetts?

By the FigureMyTax Editorial Team · How we calculate

We found no Massachusetts statute in the provisions we read that caps injury contingency fees or sets a lower rate for a child. The fee comes from your written agreement, and the court that reviews the settlement can ask about it.

What we looked for

We searched the Massachusetts 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 Massachusetts Rules of Professional Conduct or the court rules, so we cannot say what they require of a fee agreement.

Court review

On a petition for approval the court may hold an evidentiary hearing and make the orders it considers necessary (G.L. c. 231, section 140C1/2). Ask your lawyer what fee information the court will want.

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 Massachusetts 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. A hospital lien ranks behind your attorney's. 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 court protects the child's money.

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