Do Minors Pay a Lower Attorney Fee in Ohio?

By the FigureMyTax Editorial Team · How we calculate

We found no Ohio statute that caps injury contingency fees or sets a lower rate for a child. The guardianship statute counts the net after fees and expenses as allowed by the court.

What the statute says

R.C. 2111.18 tests the $25,000 line against the net amount after payment of fees and expenses as allowed by the court, so the court has a say in what comes off the child's share.

What we looked for

We searched the Ohio provisions on guardianship 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 probate court rules or the Rules of Professional Conduct, so we cannot say what they require.

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 $25,000, so a guardian of the estate would settle the claim. At 25 percent the fee is $15,000 and the net $34,500. The Ohio minor's settlement calculator lets you change the fee. The figures are your inputs, not court-set amounts.

Other amounts that come out

Costs, medical bills and any guardian ad litem fee reduce the child's share. Ohio has no hospital lien statute we found; see what claims can take from a settlement.

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 may be held.

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