Attorney Fee Comparison Calculator

Compare hourly vs contingency fee structures for different case types. See which payment model costs less based on expected settlement and hours of work.

Type of Case

Attorney Hourly Rate ($)(Typical range: $150-$500+ depending on experience and location)

Estimated Total Hours(Total attorney time expected on the case)

Retainer/Upfront Fee ($)(Initial deposit required (0 for contingency cases))

Expected Settlement/Recovery Amount ($)(Estimated total recovery if you win)

Contingency Fee Rate (%)(Typical: 33% pre-trial, 40% at trial)

Estimated Case Expenses ($)(Filing fees, expert witnesses, depositions, copies)

Estimated Probability of Winning (%)(Your realistic chance of recovering money)

Results

Visualization

How It Works

Attorneys charge using several fee structures: hourly rates (you pay for time regardless of outcome), contingency fees (the attorney takes a percentage only if you win), flat fees (a fixed amount for defined services), and retainers (an upfront deposit against hourly billing). The best structure depends on your case type, financial situation, and risk tolerance. Contingency fees shift financial risk to the attorney but cost more when settlements are large relative to hours worked.

The Formula

Hourly Cost = Rate x Hours + Expenses; Contingency Cost = Settlement x Rate% + Expenses; Risk-Adjusted EV = (Win% x Net if Win) + (Lose% x Net if Lose)

Variables

Hourly Rate — Attorney's rate per hour of work, typically $150-$500+ based on experience, specialty, and location
Contingency Rate — Percentage of recovery taken as fee (typically 33.33% pre-trial, 40% at trial)
Case Expenses — Out-of-pocket costs like filing fees, depositions, expert witnesses, and medical records
Win Probability — Realistic assessment of your chances of recovering money
Expected Value — Average outcome accounting for probability of winning and losing

Worked Example

Personal injury case with $100,000 expected settlement, 60 attorney hours at $300/hr, 33.33% contingency, 70% win probability: Hourly total = $18,000 + $5,000 expenses = $23,000. Contingency fee = $33,330 + $5,000 expenses. Hourly saves $15,330 if you win, but costs $23,000 if you lose. Contingency: net $61,670 if win, lose only ~$2,500 if lose.

Practical Tips

Contingency fees are standard for personal injury and some employment cases -- most PI attorneys will not offer hourly billing.
Family law, criminal defense, and estate planning cases are almost always billed hourly or at flat fees.
Ask about the contingency rate for pre-trial settlement vs. trial -- the rate usually increases if the case goes to trial.
Clarify whether case expenses are deducted before or after the attorney fee is calculated -- this significantly affects your net recovery.
Get fee agreements in writing before work begins. All states require written contingency fee agreements.
If your case has a high probability of winning and a large expected settlement, hourly billing often saves money.
If you cannot afford upfront legal costs, contingency or legal aid may be your only options.
Some attorneys offer hybrid arrangements (reduced hourly rate plus smaller contingency percentage).

Frequently Asked Questions

When is hourly billing better than contingency?

Hourly billing is typically better when the expected settlement is large relative to the hours of work required, and when you have a high probability of winning. For example, if a case is expected to settle for $500,000 but requires only 40 hours of work, paying $300/hour ($12,000) is far cheaper than a 33% contingency fee ($166,500). Hourly also makes sense when you want more control over legal strategy and spending.

When is contingency billing better than hourly?

Contingency billing is better when you cannot afford upfront legal costs, when the case outcome is uncertain, or when the case may require many hours of work relative to the settlement. Contingency shifts the financial risk to the attorney -- if you lose, you owe no attorney fees. This is particularly valuable for cases with moderate to low win probability or when you do not have savings to fund litigation.

What is a typical lawyer hourly rate?

Attorney hourly rates vary widely by location, experience, and specialty. As a rough guide: new attorneys charge $150-$250/hour, experienced attorneys charge $250-$450/hour, and senior partners at large firms charge $500-$1,500+/hour. Rates are highest in major cities (New York, San Francisco, Los Angeles) and for specialized practice areas like patent law, securities litigation, and antitrust.

Are attorney fees negotiable?

Yes. Hourly rates, contingency percentages, and flat fees are all negotiable. You can negotiate a lower contingency rate (especially for large-value cases), a reduced hourly rate for anticipated high-volume work, a cap on total fees, or a hybrid arrangement. Get multiple consultations -- most initial consultations are free -- and compare fee structures before committing. The attorney's willingness to negotiate often depends on how much they want your case.

Last updated: March 26, 2026 · Reviewed by the LegalCalcs Editorial Team