Financial Law
Legal Fee & Attorney Cost Estimator
Compare hourly attorney fees versus contingency fee models to see which makes the most financial sense for your specific legal case.
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April 2026
Legal Fee & Attorney Cost Estimator
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Hourly vs Contingency Fees
When hiring an attorney, the fee structure dramatically impacts your financial risk and potential payout. Use this tool to compare the projected costs of an hourly billing arrangement versus a standard 33% contingency fee.
Hourly Billing
- Common in: Divorce, business disputes, criminal defense.
- Pros: You keep 100% of any settlement/award. Cheaper for quick cases.
- Cons: You pay out-of-pocket regardless of whether you win or lose. High financial risk.
Contingency Fee (33%)
- Common in: Personal injury, medical malpractice.
- Pros: Zero upfront cost. Zero financial risk if you lose the case.
- Cons: Attorney takes a massive cut (often 1/3 to 40%) of your settlement if you win.
Frequently Asked Questions
A contingency fee means the lawyer only gets paid if they win or settle your case. The fee is a percentage of the recovery (usually 33.3% to 40%). It is common in personal injury, workers comp, and some employment cases. It is illegal in criminal defense and most divorce cases.
A retainer is an upfront deposit paid to an attorney who charges hourly. As the lawyer works on your case, they deduct their hourly rate from the retainer. If it runs out, you must replenish it. Typical retainers range from $2,500 to $10,000+ depending on case complexity.
Even in a contingency case where attorney "fees" are free if you lose, you are usually responsible for case "expenses" (filing fees, expert witnesses, medical records, court reporters). Some lawyers advance these costs and deduct them from the settlement.