78B-3-411. Limitation on attorney's contingency fee in malpractice action.
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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 Section 78B-3-403 , an attorney may not collect a contingent fee for representing a client seeking damages in connection with or arising out of personal injury or wrongful death caused by the negligence of another 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