How the Court Sees the Attorney Fee in a Nevada Child's Case

By the FigureMyTax Editorial Team · How we calculate

We found no Nevada statute that caps injury contingency fees or sets a lower rate for a child. The petition must state the attorney fee, whether it is fixed or contingent and the percentage, and the court approves the compromise.

What the petition must state

NRS 41.200(2)(f) requires the petition to give the total proceeds and the apportionment, including attorney fees and whether they are fixed or contingent, the percentage if contingent, medical expenses, other expenses, and whether the fees and expenses are deducted before or after the contingency fee is calculated.

What we looked for

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

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, more than $2,500, so it must be blocked. At 25 percent the fee is $15,000 and the net is $34,500. The Nevada minor's settlement calculator lets you change the fee.

Before or after costs

Because the petition must say whether expenses come off before or after the contingency fee, ask your lawyer which applies; it changes the child's net.

Ask before you sign

Ask for the fee agreement in writing 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 Nevada's rules apply to your specific case with a licensed Nevada attorney.