How Medical Malpractice Lawyers Are Paid in Arizona

By Joe Styler, editor (not an attorney). Updated October 9, 2026. Sources checked

If you are thinking about a medical malpractice claim, you may be wondering what a lawyer would cost. Arizona does not set a price. It sets rules: an ethics rule says what a contingent fee agreement must contain, and a statute lets any party in a malpractice case ask the judge whether fees are reasonable. This page explains those rules and ends with questions to ask before you sign. It does not say what any lawyer charges.

Fixed fees and contingent fees

A contingent fee is one that depends on the outcome of the matter. A fixed fee does not. Arizona’s malpractice statute recognizes both: when a judge reviews fees in a malpractice case, one of the listed factors is “whether the fee is fixed or contingent” (A.R.S. 12-568). This page focuses on contingent fees, because Arizona’s ethics rule sets out specific written terms for them.

The ethics rule is ER 1.5 of the Rules of Professional Conduct (Rule 42 of the Arizona Supreme Court’s rules), which we read on the State Bar of Arizona’s website.

What a contingent fee agreement must say

Under ER 1.5(c), a contingent fee agreement must be in a writing signed by the client. The State Bar’s consumer page says the same: if the fee is contingent on the outcome, the client must also sign the agreement. The rule then lists what the writing has to state:

• the method by which the fee will be determined, including the percentage or percentages the lawyer receives if the matter settles, goes to trial or goes on appeal
• the litigation and other expenses to be deducted from the recovery
• whether those expenses are deducted before or after the contingent fee is calculated
• any expenses the client will owe whether or not the client wins, stated clearly

The rule also covers the end of the case. When a contingent fee matter concludes, the lawyer must give the client a written statement of the outcome. If there is a recovery, the statement must show the amount paid to the client and how it was worked out.

The fee must be reasonable

ER 1.5(a) says a lawyer shall not agree to, charge or collect an unreasonable fee, or an unreasonable amount for expenses. The factors the rule lists include the time and labor required, the amount involved and the outcome obtained, and the degree of risk the lawyer takes on. The official comment adds that contingent fees, like any other fees, are subject to this reasonableness standard, and that other law may limit contingent fees, for example with a ceiling on the percentage.

We found no percentage cap on contingent fees in Arizona’s medical malpractice statutes (A.R.S. 12-561 to 12-594). They do provide court review, covered below.

Fees and expenses are not the same thing

ER 1.5 treats the lawyer’s fee and the costs of the case as two separate items. The fee is what the lawyer is paid for the work. Expenses are the “litigation and other expenses” the rule says the agreement must list. The rule’s reasonableness test applies to both.

When you read an agreement, two parts of the rule stand out. First, it must say whether expenses come out of a recovery before or after the fee is calculated. That choice can change the amount that reaches the client, so read that line closely. Second, it must clearly tell you about any expenses you would owe even if you do not win. If the agreement is silent or unclear on either point, ask before you sign.

Expert witnesses cannot be paid on contingency

Under A.R.S. 12-2603, the person bringing the claim must certify whether expert testimony is needed and, if it is, serve a preliminary expert opinion affidavit with the initial disclosures. Our page on the expert affidavit requirement explains that step.

A separate statute controls how experts are paid. A.R.S. 12-2604(D) says an expert witness in a medical malpractice case shall not be permitted to testify if the witness’s fee is in any way contingent on the outcome. So an expert’s fee cannot depend on how the case turns out, the way a contingent lawyer’s fee does. If expert charges are among the expenses in your agreement, ER 1.5(c) requires the agreement to list the expenses to be deducted from a recovery and to state clearly any you would owe if you do not win.

Copies of medical records

Arizona law lets a health care provider charge a reasonable fee for copies of medical and payment records, and to require payment in advance except where needed for continuity of care (A.R.S. 12-2295). The statute does not set a dollar or per-page amount. Our page on how to get your medical records in Arizona explains the request process.

When more than one law firm works on the case

Sometimes more than one law firm works on a case and the fee is shared between them. The State Bar of Arizona’s consumer page says that if fees are shared between lawyers, the client must also sign the agreement. Ask any lawyer you speak with whether another firm will be involved and how that affects your agreement.

If future damages are paid over time

In a malpractice trial, any party may elect to have future economic damages paid in periodic installments (A.R.S. 12-582). Under a percentage fee contract, unless the contract says otherwise, the fee on those installments is figured on the cost of an annuity that funds them (A.R.S. 12-586).

A judge can review fees in a malpractice case

Arizona has a statute aimed at fees in health care cases. Under A.R.S. 12-568, at the request of any party in an action under the malpractice chapter, the court shall determine whether each party’s attorney fees are reasonable, and it must complete that determination within twenty days of the request. That twenty-day limit is on the court. Sending our form does not stop or pause any deadline that applies to you.

Want to describe what happened before you compare lawyers? Request a free case review.

Disagreeing with a lawyer’s bill: State Bar fee arbitration

The State Bar of Arizona runs a Fee Arbitration Program. On its consumer page the State Bar describes it as free and voluntary: an arbitrator is assigned to decide what the reasonable fees should be. The amount in dispute must be $1,000 or more. If both the client and the lawyer agree to arbitrate, a binding award is issued. Clients do not need to hire a lawyer to take part, and the program is available only if no lawsuit over the fee is pending.

Check that a lawyer is licensed

The State Bar tells consumers to use its official member directory, on azbar.org, to look up Arizona lawyers, and not to rely on credentials given by someone who contacts them unsolicited. Search the lawyer’s name there before you sign.

Questions to ask before you sign a fee agreement

Most follow what ER 1.5 says an agreement must cover; the rest come from the statutes above. The answers belong in writing.

1. Is the fee contingent or fixed, and how exactly will it be determined?
2. What percentage or percentages apply if the matter settles, goes to trial or goes on appeal?
3. Which litigation and other expenses will be deducted from any recovery?
4. Are expenses deducted before or after the fee is calculated?
5. Which expenses would I owe if there is no recovery?
6. How are expert witness charges handled?
7. Will another firm work on the case? If so, how will the fee be shared, and where is that in the agreement I sign?
8. If future damages are paid in installments, how is the fee on them figured?
9. At the end, will I get a written statement showing the outcome and how my share was calculated? (The rule requires one.)

Our page on how a medical malpractice claim works in Arizona walks through the steps. If you are weighing a licensing board complaint instead of, or as well as, a claim, our page on a Medical Board complaint or a lawsuit explains what each can do.

Frequently asked questions

Does a contingent fee agreement have to be in writing in Arizona?

Yes. Under ER 1.5(c) of Arizona’s Rules of Professional Conduct, a contingent fee agreement must be in a writing signed by the client. It must state how the fee is determined, including the percentage or percentages for settlement, trial or appeal, the expenses to be deducted, and whether expenses are deducted before or after the fee is calculated.

Is there a limit on what a malpractice lawyer can charge in Arizona?

We found no percentage cap on contingent fees in Arizona’s medical malpractice statutes (A.R.S. 12-561 to 12-594). ER 1.5(a) bars an unreasonable fee, and under A.R.S. 12-568 any party in a malpractice case may ask the court to decide whether each party’s attorney fees are reasonable.

What is the difference between a fee and an expense?

The fee is what the lawyer is paid for the work. Expenses are the litigation and other costs of the case. ER 1.5(c) requires a contingent fee agreement to list the expenses to be deducted, say whether they come out before or after the fee, and clearly state any the client owes even after a loss.

What can I do if I think a lawyer’s fee is too high?

The State Bar of Arizona runs a free, voluntary Fee Arbitration Program for disputes of $1,000 or more. If both the client and the lawyer agree to arbitrate, the award is binding. It is available only if no lawsuit over the fee is pending.

How do I check that a lawyer is licensed in Arizona?

Use the State Bar of Arizona’s official member directory on azbar.org. The State Bar says not to rely on credentials given by someone who contacts you unsolicited.