78B-3-411 - Limitation on attorney's contingency fee in malpractice action.
78B-3-411. Limitation on attorney's contingency fee in malpractice action.
(1) In any malpractice action against a health care provider as defined in Section78B-3-403, an attorney may not collect a contingent fee for representing a client seeking damagesin connection with or arising out of personal injury or wrongful death caused by the negligence ofanother which exceeds 33-1/3% of the amount recovered.
(2) This limitation applies regardless of whether the recovery is by settlement,arbitration, judgment, or whether appeal is involved.
Renumbered and Amended by Chapter 3, 2008 General Session