How the Court Allows Attorney Fees in a Wisconsin Child's Case

By the FigureMyTax Editorial Team · How we calculate

We found no Wisconsin statute that caps injury contingency fees or sets a lower rate for a child. In approving a settlement within the clerk-of-court route, the court fixes and allows the expenses of the action, including attorney fees and guardian ad litem fees.

What the statute says

Wis. Stat. 807.10(3) lets the court, in the order approving settlement, fix and allow the expenses of the action, including attorney fees and guardian ad litem fees, when the award is within the $50,000 line and there is no guardian.

What we looked for

We searched the Wisconsin 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 Wisconsin 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 charitable hospital lien ranks ahead of the attorney's fee; 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 where a child's recovery is held.

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