A real sliding scale, but only for malpractice
Unlike most states, Wisconsin writes an actual numeric fee schedule into statute — but only for medical malpractice claims. Under Wis. Stat. § 655.013(1m), a malpractice contingency fee is limited to 33⅓% of the first $1,000,000 recovered, and 20% of any amount above that. Ordinary personal injury contingency fees — from a car accident, a slip and fall, or similar claims — aren't covered by this schedule at all, and remain governed only by the general reasonableness standard of SCR 20:1.5.
A built-in incentive for early resolution
The statute also allows a slightly lower 25% rate on the first $1,000,000 when liability is stipulated within 180 days of filing and no later than 60 days before trial — a built-in incentive for the parties to resolve liability early rather than litigate it to the end.
A court can still approve more
The schedule isn't absolute: a court may approve fees exceeding these statutory limits upon a showing of exceptional circumstances, including when the case involves an appeal.
A genuinely distinctive requirement: offer the alternative
Wisconsin law requires a malpractice attorney to offer the client the choice of an hourly or per diem fee at the time of retention. If the client chooses that option instead of a contingency fee, the statutory sliding-scale limitations don't apply at all — a real choice point most states don't require attorneys to formally present.