Representing Injured Children
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Fair Fees for Vulnerable Clients
The paper, Approval of Fee Agreements and Fees in the Representation of Children in Civil Matters authored by Paul Harte (see link below), provides a comprehensive overview of the legal, ethical, and procedural considerations involved in charging and approving legal fees when representing minors civil litigation, especially personal injury cases. Children are uniquely vulnerable clients who require heightened fiduciary care. This paper explores the history and regulation of contingency fee agreements (CFAs) in Ontario with special attention paid to issues unique to children’s cases, including the need for judicial approval of both the retainer and final fees, structured settlements, joint retainers (often with family members), co-counsel or referral arrangements, and fee structures in complex or high-damage cases. Best practices for setting and seeking approval of legal fees involving minors as set out.
Ultimately, while access to justice requires fair compensation for plaintiff counsel, the best interests of the child remain paramount throughout.
Download the paper: Fair Legal Fees for Minors