Utah Personal Injury Lawyer Fees: How Contingency Agreements Work and What Must Be in Writing
General information, not legal advice. Read the full disclaimer.
Short answer: Most Utah personal injury lawyers work on a contingent fee: they're paid a percentage of the recovery, and nothing as a fee if there's no recovery. Utah's Rule of Professional Conduct 1.5(c) requires a contingent fee agreement to be in a writing signed by the client, stating how the fee is determined, including the percentage or percentages that go to the lawyer on settlement, trial, or appeal, the litigation and other expenses to be deducted from the recovery, whether those expenses are deducted before or after the fee is calculated, and any expenses the client will owe whether or not the client prevails. In medical malpractice cases, Utah law caps the contingent fee at 33⅓% of the amount recovered (Utah Code § 78B-3-411).
Who this guide is for
Utah accident victims interviewing attorneys who want to understand fee agreements, what has to be in writing, and what questions to ask before signing.
What the agreement must say
Under Rule 1.5(c), a contingent fee agreement must be:
- in writing and signed by the client;
- explicit about how the fee is calculated, including the percentage if the case settles, goes to trial, or goes on appeal;
- clear about expenses (litigation costs, expert fees, records, filing fees) to be deducted from the recovery; and
- clear about whether expenses come out before or after the percentage is applied; and
- notice of any expenses the client is liable for whether or not the client prevails.
When the matter ends, the lawyer must give you a written statement showing the outcome and, if there's a recovery, how the money was divided, including the method of calculating it (a closing or settlement statement).
Reasonableness
Contingent fees are still subject to the general rule that fees must be reasonable. The rule also prohibits contingent fees in certain matters, such as domestic relations cases tied to a divorce or support amount, and criminal defense.
The malpractice cap
In medical malpractice cases, an attorney may not collect a contingent fee that exceeds 33⅓% of the amount recovered, whether by settlement, arbitration, or judgment, and whether or not an appeal is involved. That limit is specific to malpractice actions; the sources we reviewed identified no similar statutory percentage cap for other injury cases, so percentages are negotiated and subject to the reasonableness requirement. See Utah Medical Malpractice Damages Cap, Offsets, and Fee Limit.
Questions to ask before you sign
- What percentage applies at each stage? Many agreements increase the percentage if a lawsuit is filed or the case goes to trial.
- Is the percentage calculated before or after costs are deducted? The order affects your net recovery.
- What costs might I owe if we lose? Some firms advance costs and don't collect them if there's no recovery; others do.
- Who pays for experts, depositions, and records? Costs can be significant in serious cases.
- How are medical liens and reimbursement claims handled? Ask who negotiates them and whether the firm charges for that. See Utah Medical Liens on Injury Settlements.
- What happens if I fire the lawyer? Many agreements provide for payment of fees or costs.
- Who decides whether to accept a settlement? The decision is yours.
- Will I get a written settlement statement? You're entitled to one under the rule.
Example of how the math works
Suppose a case settles for $100,000, with a 33⅓% fee and $5,000 in costs, and liens of $10,000:
| Order | Fee | Costs | Liens | You receive (before any lien reductions) |
|---|---|---|---|---|
| Fee on the gross, then costs | $33,333 | $5,000 | $10,000 | about $51,667 |
| Costs first, then fee on the net | $31,667 | $5,000 | $10,000 | about $53,333 |
The difference comes from the "before or after" language. These are illustrations only; your agreement controls.
Free consultations and costs
Many firms offer a free initial consultation, but that's a business practice, not a legal requirement. The Utah State Bar's website has information for people trying to understand legal fees and find help.
Frequently asked questions
Does a Utah contingency fee agreement have to be in writing?
Yes — it must be in a writing signed by the client under Rule 1.5(c).
What's the maximum contingency fee in Utah?
For malpractice cases, 33⅓%. For other injury cases, the sources we reviewed identified no statutory cap; fees must be reasonable.
Do I pay costs if I lose?
It depends on your agreement; the agreement must clearly state expenses you owe whether or not you win.
Will I get an accounting?
Yes. The lawyer must provide a written statement showing the outcome and how any recovery was divided.