My child was struck by a car years ago. A Settlement was finally reached (no case was ever filed) and our attorney has stated that he is taking 1/3 of the settlement - but a co-worker said it is a law in Illinois that our attorney can only keep 25% as his fee. Is that true?
2 Answers from Attorneys
Your co-worker is mistaken. He or she may be thinking of a workers compensation case where fees are limited by statute.
In some suburban counties in Illinois the local rules allow for only 25% on minor cases. If you have questions about that, you should speak with your lawyer. Also, in all cases, the settlement of a minor has to be approved by a court-either probate court if the case has not been filed or the trial court if the case has been filed. The reviewing judge will make sure the funds are properly distributed.
I hope this helps.