How the Chancellor Sets the Attorney Fee in a Mississippi Child's Case

By the FigureMyTax Editorial Team · How we calculate

We found no percentage cap on a Mississippi lawyer's fee in a child's injury case. The chancellor fixes a reasonable fee for the service rendered, is not bound by the contract, and must approve a contingent fee agreement.

The rule

Uniform Chancery Court Rule 6.13 requires a petition for attorney fees for recovering damages for injury to show the total recovered, the nature and extent of the service and expense, and any amount offered in compromise before the lawyer was hired. The amount allowed is fixed by the chancellor at a reasonable sum for the service rendered and expense incurred, without being bound by any contract made with any unauthorized person. If the parties make a contingent fee agreement, it must be approved by the chancellor.

Structured settlements

Fees on structured settlements are based on the present cash value of the claim, not the total of future payments.

A worked example

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

Adults

We found no Mississippi statute capping contingency fees for adults; ask for your agreement in writing.

Ask before you sign

Ask whether your agreement is a contingent fee the chancellor must approve, what costs come out and what the court will be told. Then read how the child's money is held and see what a claim can take from a settlement.

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