South Dakota Attorney Contingency Fee and Settlement Calculator

South Dakota sets no percentage cap on personal injury contingency fees — just the Rule 1.5 reasonableness standard. See your real net below.

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What would you actually keep?

Enter your settlement amount, your attorney's fee percentage, case costs, and any medical lien still outstanding.

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What you take home
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No percentage cap

South 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 South Dakota Rules of Professional Conduct, which prohibits an unreasonable fee rather than fixing a specific figure.

Even flat fees face the same scrutiny

South Dakota ethics guidance has addressed this directly for flat-fee arrangements: State Bar Ethics Opinion 2000-5a confirms that a fixed or flat fee must still be subject to a separate reasonableness review under Rule 1.5's eight factors — the same analysis a contingency fee receives. Agreeing to any particular fee structure doesn't, by itself, make the resulting amount reasonable.

What reasonableness actually weighs

Rule 1.5 points to the usual factors: the time and labor required, the novelty and difficulty of the questions involved, the skill needed to perform the work properly, the fee customarily charged for similar legal services in the locality, the amount involved, and whether the fee is fixed or contingent. One-third of the recovery is a commonly used figure in South Dakota personal injury practice, though it isn't a fixed statutory rate.

South Dakota attorney fees & net settlement — frequently asked questions

Does South Dakota cap attorney contingency fees in personal injury cases?

No. South Dakota currently has no attorney fee caps other than the general requirement of reasonableness under Rule 1.5 of the South Dakota Rules of Professional Conduct.

Does a flat-fee agreement in South Dakota still need to meet a reasonableness standard?

Yes — South Dakota ethics guidance confirms that even a fixed or flat fee must be subject to a separate reasonableness review under Rule 1.5's eight factors, the same standard contingency fees are judged against.

What percentage do South Dakota personal injury attorneys typically charge?

One-third of the recovery is a commonly used figure, though the exact rate is negotiated between attorney and client and can vary based on case complexity.

What factors determine whether a South Dakota contingency fee is reasonable?

Rule 1.5 factors include the time and labor required, the skill needed, the fee customarily charged for similar work, the amount involved, and whether the fee is fixed or contingent.

Is this South Dakota net settlement estimate exactly what I'll receive?

No. It's an estimate based on the figures you enter and common contingency fee practice. Your actual fee agreement, case costs, and any lien amount should be confirmed directly with your attorney.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on common South Dakota contingency fee practice and Rule 1.5 of the South Dakota Rules of Professional Conduct, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed South Dakota attorney before acting.