There is a common misconception in California that any attorney representing a minor in a personal injury matter may only charge a maximum of 25 percent of the gross recovery obtained as attorney fees most of the time far less than the true value of reasonable services rendered in resolving the case. See former Local Rule 10.79(c)(3). Courts, however, are no longer required to arbitrarily cap the amount of fees attorneys can seek, so long as the requested fees are reasonable in the context of the case. California Rules of Court, Rule 7.955.
A minor’s compromise is a procedure under California law by which settlements of personal injury claims involving victims under the age of 18, whether or not there is a pending action, are approved by the court. See Rules 7.950-7.955. The procedure involves filing a petition which describes the nature and extent of the injuries of the child, the current cost of all medical bills, anticipated future treatment costs (if applicable), information regarding payment of medical bills and liens to medical providers, information regarding other costs including attorney fees, and the net amount to be given to the minor. Counsel must complete and file the petition and it must be verified by the petitioner under penalty of perjury. The court approving the compromise or entering the judgment must make a further order directing that attorney fees and costs be paid from the money received on behalf of the minor child.
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