Short answer
Many Arizona personal-injury lawyers use a contingency fee: the lawyer's fee depends on a recovery instead of being billed by the hour. There is no single percentage that applies to every firm or every case. The written agreement should explain the percentage or method, whether it changes if a lawsuit or appeal is needed, which case expenses you may owe, and whether expenses are deducted before or after the fee is calculated.
Updated · Written by the Las Oficinas del Abogado Juancarlos team. General information, not legal advice for your situation.
What a contingency fee actually means
A contingency arrangement ties the attorney's fee to the outcome described in the contract. It usually avoids an hourly bill at the start of a personal-injury case, but the signed agreement—not a website summary—controls the details.
Arizona Rule of Professional Conduct ER 1.5 requires contingent-fee agreements to be in writing and to explain how the fee is determined. Read the agreement before signing and keep a copy.
Attorney fees and case costs are different
The fee pays for legal work. Costs are out-of-pocket expenses connected to the matter. Depending on the case, costs can include records, filing fees, service of process, depositions or expert work.
- Ask which costs the firm advances while the case is open.
- Ask whether you could owe costs if there is no recovery.
- Ask whether costs come out before or after the fee is calculated.
- Ask for an accounting when the case concludes.
Why one advertised percentage does not tell the whole story
A percentage can change at different stages if the agreement says so. A case resolved before litigation may be handled differently from one requiring a filed lawsuit, trial or appeal.
The order of deductions also affects the client's net amount. That is why ER 1.5 requires the agreement to state whether expenses are deducted before or after the contingent fee is calculated.
Questions to ask before you sign
- What percentage or formula applies at each stage?
- Who will handle the file day to day, and how often will I get updates?
- Which expenses might be incurred, and who approves them?
- What happens to fees and costs if I change lawyers?
- Will I see the settlement statement and proposed deductions before money is distributed?
- Who decides whether to accept an offer? The client should remain the decision-maker.
The consultation is a chance to compare clarity, not promises
A useful consultation should leave you understanding the agreement, the likely work and the uncertainties. Be cautious if the conversation focuses on a guaranteed result or avoids the cost questions.
Our consultation is free. If representation makes sense, we explain the fee agreement and costs before you decide whether to sign.
Primary sources
The legal and procedural points in this guide are grounded in these official sources so you can read the rules for yourself.
- Arizona Supreme Court — Current Arizona Rules, Rule 42 ER 1.5
Arizona's official rules portal. ER 1.5 governs fee reasonableness, written fee terms and contingent-fee agreements.