Arizona and the Other States That Cap Attorney Fees

A handful of states put a hard ceiling on what a personal injury attorney can charge. Arizona isn't one of them for ordinary clients — here's where it stands, and who does.

Arizona: no statutory cap for ordinary clients

Arizona imposes no statutory cap on the contingency fee percentage in general personal injury or medical malpractice cases. The rate is set by private agreement, subject to a general reasonableness standard under ER 1.5 rather than a fixed legal ceiling.

A real minority of states do cap fees

Several other states take a different approach, setting a hard statutory ceiling on what a personal injury attorney can charge. Michigan caps contingent fees at 33.33% across all personal injury cases. Connecticut uses a declining percentage scale, with the allowed rate shrinking as the recovered amount grows larger. These represent a genuine minority approach nationally — most states, like Arizona, leave the rate to negotiation.

Arizona's one real exception — and it's not about you

Arizona does limit contingency fees in one specific context: when the state itself hires a private attorney on a contingency basis to litigate on the state's behalf, the arrangement requires the attorney general to make a written determination that it's cost-effective and in the public interest, posted publicly, with limits on the aggregate fees recoverable. This is a government-contracting transparency rule — it has no bearing on an ordinary consumer's personal injury case.

A reasonableness standard still applies, twice over

The absence of a hard cap doesn't mean any percentage is automatically acceptable. ER 1.5 requires the fee to be reasonable at the outset, and under In re Swartz, 141 Ariz. 266 (1984), Arizona courts can revisit that reasonableness again once the case concludes, based on the work actually performed and the results actually obtained.

States that cap attorney fees — frequently asked questions

Does Arizona limit how much a personal injury attorney can charge?

No. Arizona imposes no statutory cap on the contingency fee percentage in general personal injury or medical malpractice cases, leaving the rate to private agreement under ER 1.5.

Which states do cap attorney contingency fees in personal injury cases?

Examples include Michigan, which caps all personal injury contingency fees at 33.33%, and Connecticut, which uses a declining percentage scale tied to the amount recovered.

Does Arizona limit contingency fees in any context at all?

Yes, narrowly: Arizona law limits contingency-fee arrangements the state itself enters into with private attorneys hired to litigate on the state's behalf, requiring written justification and public disclosure. This doesn't apply to an ordinary consumer's personal injury case.

Is a statutory fee cap the norm or the exception nationally?

The exception. Most states, Arizona included, leave the contingency fee percentage to private agreement between attorney and client, subject only to a general reasonableness standard.

Does Arizona's lack of a fee cap mean any percentage is automatically allowed?

No. Even without a statutory ceiling, the fee must still be reasonable under ER 1.5, and under In re Swartz, that reasonableness can still be reviewed after the case concludes.

This page provides general guidance only and is not legal advice. Figures are based on general US attorney fee practice and Arizona's Rules of Professional Conduct, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.