FigureMyTax

DC's Fee Rules, and the Federal Cap That Often Applies

DC has no fee cap of its own — but an unusually large share of claims here run into a real federal one instead.

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

DC itself: no cap

For a personal injury claim against a private party, DC imposes no statutory cap on the contingency fee percentage — the rate is set by private agreement, subject to a general reasonableness standard under Rule of Professional Conduct 1.5.

Why DC is a special case nationally

Most states' fee-cap discussions focus on whether that state itself caps fees. DC is genuinely different: because of its unique concentration of federal buildings, agencies, and employees, an unusually large share of personal injury claims filed here are actually claims against the United States government — and those claims are governed by a real federal cap regardless of DC's own permissive local rule.

The Federal Tort Claims Act's cap, compared to a state cap like Michigan's

Michigan applies a flat 33.33% cap to every personal injury case filed there, regardless of defendant. The Federal Tort Claims Act's cap works differently: it's narrower in scope, applying only to claims against the federal government specifically, but it reaches nationwide wherever such a claim is filed — it's simply encountered more often in DC than almost anywhere else.

A cap with real teeth

Unlike a reasonableness standard that leaves room for case-by-case judgment, the FTCA's 20%/25% limits are fixed by federal statute, with potential fines for an attorney who exceeds them. There's no waiver mechanism for an unusually complex federal claim, the way some state sliding scales allow.

DC's fee rules — frequently asked questions

Does DC itself cap attorney contingency fees?

No. DC imposes no statutory percentage cap or sliding scale on contingent fees in personal injury cases against private parties, relying instead on a general reasonableness standard.

Why is a federal fee cap unusually relevant in DC compared to other jurisdictions?

Because DC's geography makes claims against the federal government far more common than in most states — federal buildings, federal agencies, and federal employees are frequent defendants in DC personal injury cases.

How does the Federal Tort Claims Act's fee cap compare to state-level caps like Michigan's?

Michigan's 33.33% cap applies to all personal injury cases in that state regardless of defendant. The FTCA's 20-25% cap is narrower in one sense — it only applies to claims against the federal government — but it applies nationwide wherever such a claim is filed, DC included.

Does the FTCA cap ever apply outside of DC?

Yes. The Federal Tort Claims Act applies to claims against the United States government anywhere in the country — it's simply far more common to encounter in DC given the concentration of federal activity there.

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

The exception, at the state level. Most states leave the contingency fee percentage to private agreement. The FTCA's federal cap is a separate, narrower layer that applies regardless of which state or jurisdiction a federal claim is filed in.

More DC attorney fee tools & guides

DC Attorney Fee / Net Settlement CalculatorSee your real take-home estimate How Contingency Fees WorkLocal rules vs. the federal FTCA cap Case Costs vs. Attorney FeesWhat comes out of your settlement first

This page provides general guidance only and is not legal advice. Figures are based on general US attorney fee practice and the Federal Tort Claims Act (28 U.S.C. § 2678), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney before acting.