How Much Does a Lawyer Cost? Hourly, Flat Fee and Contingency Explained

This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.

Cost is one of the biggest worries people have about hiring a lawyer. Fees vary widely by location, experience and type of case, but most lawyers use one of a few common billing methods. Understanding them helps you compare lawyers and avoid surprises.

Hourly fees

Many lawyers bill by the hour, often in increments of six or fifteen minutes. Rates depend heavily on the city and the lawyer’s experience, ranging from around a hundred dollars an hour for some newer lawyers in smaller markets to many hundreds of dollars an hour at large firms in major cities. Work done by paralegals is usually billed at a lower rate.

Common for: business disputes, contested divorces, complex litigation.

Tip: ask for an estimate of the total hours, and ask to receive itemized bills regularly.

Flat fees

With a flat fee, you pay one set price for a defined service, no matter how many hours it takes.

Common for: simple wills and estate plans, uncontested divorces, Chapter 7 bankruptcies, trademark filings, some immigration applications and some criminal matters such as a first DUI.

Tip: ask exactly what the fee covers and what would cost extra, such as a court hearing or a trial.

Contingency fees

With a contingency fee, the lawyer is paid a percentage of the money you recover. If you recover nothing, you usually owe no legal fee. A common range is about one third of the recovery, sometimes more if the case goes to trial. Some states cap contingency percentages for certain cases.

Common for: personal injury, medical malpractice, some employment and insurance cases.

Not allowed for: criminal defense, and in most states, divorce and child custody.

Tip: ask whether case costs, such as filing fees, expert witnesses and medical records, are taken out before or after the lawyer’s percentage is calculated. It makes a real difference in what you take home.

Retainers

A retainer is an upfront payment, often held in a trust account, that the lawyer draws from as work is done. When it runs low, you may be asked to add more. Ask whether any unused part of the retainer will be refunded.

Other costs to expect

Besides the lawyer’s fee, a case can involve court filing fees, service of process fees, deposition and transcript costs, expert witness fees, and copying and postage. Ask who pays these costs and when.

Free and low-cost options

• Free consultations: many lawyers, especially in personal injury, employment, bankruptcy and criminal defense, offer a free first meeting.
• Public defenders: if you are charged with a crime that can lead to jail and cannot afford a lawyer, the court can appoint one.
• Legal aid: nonprofit legal aid organizations help people with low incomes in civil matters such as housing, family and benefits cases.
• Limited-scope help: some lawyers will handle only part of a case, such as reviewing documents or coaching you for a hearing, for a lower total cost.
• Bar referral services: many state and local bar associations run referral services that offer a reduced-fee first consultation.

Always get it in writing

Before any work begins, ask for a written fee agreement that explains how you will be billed, what is included, how costs are handled, and how either of you can end the relationship. A good lawyer will be happy to explain it.

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