A flat one-third cap, in every case Michigan covers
Where most states either leave contingency fees unregulated outside medical malpractice or cap only malpractice fees specifically, Michigan goes further. Michigan Court Rule 8.121 caps the contingency fee at one-third (33⅓%) of the amount recovered in any personal injury or wrongful death claim — and the rule explicitly extends the same ceiling to no-fault PIP benefits claims as well.
Exceeding it is automatically a problem, not just a dispute
A fee above one-third isn't simply open to challenge on reasonableness grounds the way an excessive fee would be in most states — under MCR 8.121, it's automatically deemed a "clearly excessive fee" in violation of the Michigan Rules of Professional Conduct, which can expose the attorney to discipline.
The cap covers every attorney's combined fee, not each one
If more than one attorney represents the client — common when a case is referred or handled jointly — MCR 8.121(C) applies the one-third ceiling to their combined total fee, not to each attorney separately.
A past attempt at a sliding scale didn't become law
A legislative proposal once floated replacing the flat one-third rule with a declining sliding scale — 33% of the first $1 million, 15% of the next $4 million, 10% above that — but it did not become law, and the flat one-third ceiling under MCR 8.121 remains the current rule.