Lawyer fee arrangements compared
How each common U.S. fee arrangement works, who it suits and what to watch for.
Each row is a type of fee arrangement, not a provider. Read across to see how the price is set and where the risk sits. Many matters use a hybrid, such as a reduced hourly rate plus a smaller contingency percentage, so treat the rows as building blocks. The rules referenced are the ABA Model Rules of Professional Conduct, which most states have adopted with local changes.
Select a column header to sort.
| Arrangement | How the price is set | Good for | Watch out for |
|---|---|---|---|
| Hourly billing | Time recorded in increments (often 0.1 hour) multiplied by each timekeeper's rate | Litigation and matters whose length cannot be predicted | Open-ended total; vague entries; minimum charges for short emails |
| Flat fee | One agreed price for a defined task | Wills, simple contracts, uncontested filings, many misdemeanor and traffic cases | Narrow scope definitions; when the fee is considered earned; extra charges for anything outside scope |
| Contingency fee | Percentage of money recovered, paid only if there is a recovery | Injury, employment, collection and other money claims | Must be in writing; percentage may rise at trial; expenses before or after the fee; banned in criminal defense and most family-law outcomes |
| Advance fee deposit (retainer) | Money paid upfront and held in a client trust account, drawn down as work is billed | Hourly matters where the firm wants security for payment | Replenishment (evergreen) clauses; refund of the unearned balance when the matter ends |
| General retainer | A fee paid to secure a lawyer's availability for a period, not for specific work | Businesses needing on-call advice | Must be reasonable; rarely appropriate for one-off personal matters |
| Limited-scope (unbundled) service | Hourly or flat price for named tasks only, such as reviewing a document or coaching for a hearing | People handling most of a matter themselves | You remain responsible for everything outside the defined tasks; scope should be in writing |
| Hybrid fee | Combination, such as a reduced hourly rate plus a lower contingency percentage | Business disputes and cases with both money and non-money goals | Two sets of terms to understand; total must still be reasonable |
| Statutory or court-awarded fee | A statute, contract clause or court order makes the other side pay some or all fees | Civil rights, some consumer and employment claims, contracts with fee clauses | Awards are not guaranteed and may be less than what you owe your lawyer |
| Legal aid or pro bono | Free or reduced-cost help based on income and case type | Low-income households, especially in housing, benefits and family safety matters | Eligibility limits and waiting lists; may not cover every case type |
This table describes fee types, not prices. Rates and percentages vary widely by state, city, practice area and lawyer experience, and any dollar figures elsewhere on this site are illustrative. Professional conduct rules differ by state: check your state bar or state supreme court for the version that applies, and the American Bar Association for the Model Rules and its directory of state lawyer referral services. For free civil legal help, start with the Legal Services Corporation or LawHelp.org.