The 2018 Bid to Cap Attorney Fees in Kentucky

Kentucky came within a House vote of joining the states that cap malpractice attorney fees — here's what the bill would have done, and why it never became law.

The proposal: a sliding scale, not a flat rate

Senate Bill 20, introduced in the 2018 session, would have capped contingency fees in medical malpractice cases specifically: 35% of the first $100,000 recovered, 25% of the next $100,000, and 10% of anything beyond that. Its sponsor, Senator Ralph Alvarado, framed it as modeled on Delaware's approach, noting that roughly two dozen other states used a similar sliding-scale structure at the time.

Part of a broader package

The fee cap wasn't the bill's only provision. Senate Bill 20 was an omnibus tort-reform measure that also would have required malpractice plaintiffs to file an affidavit of merit from a medical professional, regulated the fees hospitals could charge for copying medical records, and barred the use of expressions of sympathy as evidence of fault in malpractice cases.

It passed the Senate, then stalled

The bill cleared the Kentucky Senate by a 20–16 vote in early March 2018. It did not survive the rest of the legislative process, dying in committee before reaching a final floor vote that would have sent it to the governor.

Today: no cap, by default rather than by design

Because Senate Bill 20 never became law, Kentucky's current rule is simply the absence of a specific statute — attorney fees in every type of personal injury case, including medical malpractice, are governed solely by the general reasonableness standard of SCR 3.130(1.5)(a). This is a meaningfully different situation from a state that has deliberately chosen not to regulate fees; it's closer to a reform effort that came close and then fell short.

Kentucky's 2018 fee cap bid — frequently asked questions

What would Kentucky's 2018 attorney fee cap bill have done?

Senate Bill 20 would have capped contingency fees in medical malpractice cases on a sliding scale: 35% of the first $100,000 recovered, 25% of the next $100,000, and 10% of anything above that.

Did Senate Bill 20 become law?

No. It passed the Kentucky Senate by a 20-16 vote in March 2018 but died in committee before the full legislature could enact it.

What model was the proposed Kentucky cap based on?

The bill's sponsor said it was modeled on Delaware's approach, and pointed to similar sliding-scale caps used in roughly two dozen other states at the time.

What other changes did the same 2018 bill propose?

Senate Bill 20 was an omnibus measure that also would have required an affidavit of merit before filing a malpractice suit, regulated medical record copying fees, and limited the use of expressions of sympathy as evidence in malpractice cases.

Does Kentucky have any attorney fee cap today?

No. With the 2018 bill never enacted, Kentucky attorney fees in personal injury and medical malpractice cases remain governed solely by the general reasonableness standard of SCR 3.130(1.5)(a).

This page provides general guidance only and is not legal advice. Figures are based on the legislative history of Kentucky Senate Bill 20 (2018) and SCR 3.130, verified per our methodology. Confirm how current rules apply to a specific claim with a licensed Kentucky attorney before acting.