Do Minors Pay a Lower Attorney Fee in Oregon?

By the FigureMyTax Editorial Team · How we calculate

We found no Oregon statute that caps injury contingency fees or sets a lower rate for a child. The settlement statute tests its $25,000 line after reasonable attorney fees and costs.

What the statute says

ORS 126.725(1)(b) excludes reimbursement of medical expenses, liens, reasonable attorney fees and costs from the $25,000 line, so a higher fee does not by itself move a settlement across it, but the fee must be reasonable.

What we looked for

We searched the Oregon 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 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. At 25 percent the fee is $15,000 and the net $34,500. The Oregon 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 liens, and any guardian ad litem fee reduce the child's share. Hospital and physician liens cannot reach attorney fees; see what a lien 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 must be held.

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