Arizona: How Contingency Fees Really Work

A contingency fee agreement is a real promise with real conditions — and in Arizona, one of those conditions is that fairness gets checked twice.

The core promise: no recovery, no fee

A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case.

Arizona's distinctive rule: reasonableness at the end, not just the start

Most states judge a contingency fee's fairness mainly at the moment it's signed. Arizona goes further. In In re Swartz, 141 Ariz. 266 (1984), the Arizona Supreme Court held that a fee reasonable when the agreement was made can still become "clearly excessive" by the time the case concludes, if the actual work performed and the results obtained don't justify it.

What actually happened in Swartz

The case involved an attorney who spent roughly 20 to 30 hours handling a personal injury claim under a standard one-third contingency agreement. A workers' compensation lien then consumed almost the entire settlement once the attorney's fee came out, leaving the client with very little. The Arizona Supreme Court found the fee excessive in light of what the case actually required and what the client actually received — even though the agreement itself was standard when signed.

What this doesn't mean

This isn't a rule that forces every fee down after the fact — Swartz addressed facts the court viewed as genuinely egregious. The ordinary standard, under ER 1.5(a), weighs factors like the time and labor required, the complexity of the case, and the results actually obtained — Swartz simply confirms that those factors can still matter after the agreement is signed, not just before.

It's still a negotiated agreement

Because Arizona imposes no statutory cap on the percentage, the specific rate is set through private negotiation between attorney and client before representation begins — worth discussing explicitly, including how liens and case costs will be handled, rather than assuming a single standard figure applies everywhere.

How contingency fees work — frequently asked questions

What does "contingency" actually mean in an Arizona fee agreement?

It means the attorney's fee is contingent on winning or settling the case. If there's no recovery, the client generally owes no attorney fee at all.

What did In re Swartz actually decide?

The Arizona Supreme Court held that a contingent fee reasonable when the agreement was signed can still become clearly excessive by the end of the case, if the work performed and results obtained don't justify it.

What happened in the Swartz case specifically?

An attorney spent roughly 20 to 30 hours on a personal injury claim under a one-third contingency agreement; a workers' compensation lien then consumed almost the entire recovery once the fee was paid, and the fee was found excessive in light of the actual work and outcome.

Does this mean an attorney has to lower their fee in every case?

No. Swartz addressed a case the court viewed as egregious; the ordinary standard, set out in ER 1.5(a), weighs factors like the time and labor required, the case's complexity, and the results obtained.

Is a contingency fee agreement negotiable in Arizona?

Yes. Since there's no statutory cap on the percentage, the specific rate and terms are set by private agreement between attorney and client before representation begins.

This page provides general guidance only and is not legal advice. Figures are based on Arizona Rule of Professional Conduct ER 1.5 and In re Swartz, 141 Ariz. 266 (1984), verified per our methodology. Confirm your actual fee agreement with a licensed Arizona attorney before acting.