Representing a minor plaintiff and/or a person with a disability is different than representing a competent adult, specifically in the matter of initial retainers, and obtaining approval of the settlement. Everything must be done to ensure that the best interests of the child or person with a disability are taken into consideration. Therefore, when acting for a minor or disabled person it’s mandatory to obtain approval of a contingency fee retainer agreement either at the time of settlement or at an earlier stage of the proceedings.
The paper written by Allen Wynperle and Laura McCracken discusses the ability to, and the benefits of, applying to the court for the approval of a contingency fee retainer agreement involving a party under a disability, or a minor, at the commencement as opposed to the conclusion of a solicitor-client relationship.
The paper references precedent materials which can be downloaded here:
1. Application Record and Factum for the approval of a contingency fee agreement
2. Motion to appoint a Litigation Guardian for the Respondent
3. Order approving Retainer Agreement