Do Minors Pay a Lower Attorney Fee in Vermont?

By the FigureMyTax Editorial Team · How we calculate

We found no Vermont statute that caps injury contingency fees or sets a lower rate for a child. Because a judge or court-appointed guardian must approve a child's settlement, the terms, including the fee, are reviewed.

What we looked for

We searched the Vermont provisions on minors' releases (14 V.S.A. 2643), 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 Vermont Rules of Professional Conduct, so we cannot say what they require.

Review

A Vermont court form for these petitions asks for the settlement amount and the nature of the claim so the court can understand the context. We did not read a rule on what fee information the court requires, so ask your lawyer.

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 Vermont 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. A hospital lien bears a pro rata share of expenses and is capped at one-third of the net; 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 is managed.

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