US Contingency Fee Rules by State
Contingency-fee rules are primarily state-specific. The ABA Model Rules are influential but are not themselves the law of every state. Check the adopted professional-conduct rule, statutes, court rules and practice-area exceptions in the state where the matter is handled.
Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Published state guides
Start with our source-cited guides for California, Florida, New York and Texas. Each identifies the state's written-agreement rule, important fee limits and a limitation-period starting point.
- California — medical-malpractice caps and written agreements
- Florida — presumptively reasonable contingency schedule
- New York — medical-malpractice sliding scale
- Texas — written contract and fee reasonableness
What every state guide must verify
A reliable guide should link to the state's enacted or adopted rule, distinguish general rules from practice-area caps, state the effective date and avoid presenting a limitation period without exceptions.
- Professional-conduct rule
- Written-agreement requirements
- Medical-malpractice or workers' compensation limits
- Court approval for minors or incapacitated people
- Expense and termination provisions
Why we have not published 50 thin pages
A state page is published only when its primary sources have been checked and it adds distinct legal value. A near-duplicate page with a changed state name would be unsafe for readers and unhelpful to search systems.
Frequently Asked Questions
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013
Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.