No percentage cap
North Dakota imposes no statutory percentage cap on contingency fees in personal injury or medical malpractice cases. The governing standard is Rule 1.5 of the North Dakota Rules of Professional Conduct, which requires the fee to be reasonable rather than fixed at a specific figure.
What reasonableness actually weighs
Rule 1.5 points to the usual factors: the fee customarily charged in the locality for similar legal services, the experience and ability of the attorney, and whether the fee is fixed or contingent. One-third of the recovery is a commonly used figure in North Dakota personal injury practice, though it isn't a fixed statutory rate.
A different regime for workers' compensation
It's worth keeping this separate from workers' compensation, where North Dakota does impose a statutory cap — attorney fees limited to 20% of the amount awarded under N.D.C.C. § 65-02-08, subject to a maximum figure set by administrative rule. That's a distinct legal framework from ordinary personal injury contingency fees, governed by its own statute rather than Rule 1.5.