Minor's compromise petitions

New rules for minor's compromise petitions
When a case is settled on behalf of a plaintiff who is a minor or an incompetent adult, the court must approve the settlement, including the amount of attorney’s fees. The purpose of this procedure is obviously to ensure that the guardian ad litem (usually a parent) or conservator who is acting on behalf of the plaintiff is truly acting in the plaintiff’s best interests.

Until recently, the procedure for seeking court approval was very cumbersome, even in small cases, and the rules regarding attorney’s fees were extremely restrictive. The process was controlled, to a large extent, by local rules, and many counties had rules providing that attorney’s fees were limited to 25%, except under exceptional circumstances. While we have been able to convince judges in a number of cases over the years that 25% is inadequate in a catastrophic injury case that settles on the eve of trial and has involved many depositions and expert discovery, it has always been an uphill battle. Plus, the plaintiff’s attorney is placed in the awkward position of appearing to be seeking money for his fee that would otherwise go to this client. Read Full Article >