Arkansas and the Other States That Cap Attorney Fees

A handful of states put a hard ceiling on what a personal injury attorney can charge. Arkansas isn't one of them — though it came closer than most.

Arkansas: no statutory cap

Arkansas 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 Rule of Professional Conduct 1.5 rather than a fixed legal ceiling.

A real minority of states do cap fees

Several other states have taken 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 Arkansas, leave the rate to negotiation.

Arkansas actually came close

In 2016, a proposed constitutional amendment would have capped attorney contingency fees in medical-injury cases at one-third of the recovery after expenses, bundled together with a $250,000 floor on a non-economic damages cap for the same case type. Supporters argued it would ensure the "lion's share" of a recovery went to the injured party rather than legal fees. The measure ultimately did not take effect, leaving Arkansas's fee landscape exactly where it started: no cap, reasonableness governs.

A reasonableness standard still applies

The absence of a hard cap doesn't mean any percentage is automatically acceptable. Rule 1.5 still requires the fee to be reasonable, and requires the written agreement to properly disclose the percentage and how costs and expenses are handled — requirements Arkansas courts have shown they'll actually enforce.

States that cap attorney fees — frequently asked questions

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

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

Did Arkansas come close to adopting a fee cap?

Yes. A 2016 proposed constitutional amendment would have capped medical-injury contingency fees at one-third after expenses, alongside a non-economic damages cap. It did not succeed.

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

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

Does Arkansas'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 Rule 1.5, and the agreement must properly disclose the percentage and how it's calculated.

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