is not lawful to fix a percentage of the client's winnings as the amount of the fee, but has been legal since 1990 for the lawyer and client to agree to an initial fee with a percentage increase in the lawyer's fee in case of success in the action. United States Most jurisdictions in the United States prohibit working for a contingent fee in criminal cases or certain types of family law claims, as made clear in Rule 1.5(d) of the Model Rules of Professional Conduct of the American Bar Association. Some jurisdictions, however do allow contingent fees in criminal cases. It depends on the attorney, the type of case and the fee agreement. In the United States, contingency fees are the standard in personal injury cases and are less common in other types of litigation. Most jurisdictions require contingent fees to be "reasonable," resulting in a typical contingent fee of 33-45% of any eventual recovery. Medical malpractice Many states impose additional restrictions on contingent attorney fees in medical malpractice cases. 16 states (California, Connecticut, Delaware, Florida, Illinois, Indiana, Maine, Massachusetts, Michigan, New Jersey, New York, Oklahoma, Tennessee, Utah, Wisconsin, and Wyoming) have regulated contingency fees for medical malpractice cases. Some states cap fees at a flat rate; for example, 33.33% of net judgment or recovery in Tennessee and Utah. Other states utilize a sliding scale fee structure. For example, Connecticut utilizes a sliding scale fee structure but that can be waived in complex cases with a cap of 33.33%. California permits contingency fees in the amount of 40% of the first $50,000 of recovered damages, 33.33% of the next $50,000, 25% of the next $500,000 and 15% of any recovery in excess of $500,000. Florida establishes different fee limits depending on the stage of the case at the time damages are recovered. For example, it allows a higher limit if the case goes to trial and even more if the case is appealed. Four of the states that limit attorney fees (Illinois, Maine, New York, and Wisconsin) explicitly allow a court to authorize a larger fee. Wyoming explicitly allows the client and attorney to contract for a larger fee. Instead of a specific limit or a sliding scale, six states (Hawaii, Iowa, Maryland, Nebraska, New Hampshire, and Washington) require or authorize court approval of the reasonableness of attorney fees under various circumstances. See also Attorney's fee Pay for performance