Q: What are my ethical responsibilities as an attorney with regard to a minor’s compromise? For a small settlement, like $1,000 or $2,000, some insurance carriers will pay the money without requiring any petitions to the court for a minor’s compromise. Can an attorney ethically acquiesce, make the appropriate distribution and take his or her fees without court approval?
A: The answer involves substantive law and Rules of Civil Procedure more than the Rules of Professional Conduct. But every lawyer should be aware that if he or she is representing a minor, Rule 1.14, which deals with a client with a diminished capacity, is applicable.
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