Do Minors Pay a Lower Attorney Fee in New Hampshire?

By the FigureMyTax Editorial Team · How we calculate

We found no New Hampshire statute that caps injury contingency fees or sets a lower rate for a child. Attorney fees come off before the net amount is tested against $10,000, and Rule 40 reportedly adds fee limits that we could not read.

What we looked for

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

Fees and the $10,000 line

Net amount means what is left after attorney's fees, court costs and other expenses related to the claim (RSA 463:2(VI)). A higher fee lowers the net and can keep a settlement under the $10,000 approval line, which is another reason to ask for the fee agreement in writing.

Rule 40

A secondary summary says the Superior Court's Rule 40 includes attorney fee limits for minors' settlements. We could not open the rule from our environment, so we do not state any limit. Ask your lawyer or the court what Rule 40 requires.

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, over $10,000, so court approval is needed. At 25 percent the fee is $15,000 and the net $34,500. The New Hampshire minor's settlement calculator lets you change the fee.

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 is protected 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 New Hampshire's rules apply to your specific case with a licensed New Hampshire attorney.