Do Minors Pay a Lower Attorney Fee in Missouri?

By the FigureMyTax Editorial Team · How we calculate

We found no Missouri statute that caps injury contingency fees or sets a lower rate for a child. In a court-approved settlement the court may approve the fee contract and order the fee paid, and in a no-court settlement the fee comes out of the total claim before the $35,000 test is applied.

What we looked for

We searched the Missouri 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 Missouri Rules of Professional Conduct, so we cannot say what they require of a fee agreement.

Court review

In a court-approved settlement the court may approve a fee contract between the next friend, guardian ad litem, guardian or conservator and an attorney, and order the attorney fee and reasonably incurred expenses paid (RSMo 507.184(3)).

Fees and the $35,000 line

In a no-court settlement under 436.700, the $35,000 test is applied to the total claim, which includes reasonable attorney's fees and costs, so a higher fee does not move a claim under the line; only the size of the claim does.

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, but the claim is over $35,000 so the court must approve. At 25 percent the net is $34,500. The Missouri minor's settlement calculator lets you change the fee.

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 must be held and see what a lien 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 Missouri's rules apply to your specific case with a licensed Missouri attorney.