Fee Structures and Cost Drivers
Court Costs and Litigation Expenses: What You Pay Besides Attorney Fees
Filing fees, service of process, depositions, expert witnesses, e-discovery and more. Learn which legal costs are billed on top of fees and how to request a fee waiver.
Litigation expenses are the out-of-pocket costs of running a legal matter, and they are billed separately from the lawyer's fees under almost every fee arrangement. They include court filing fees, service of process, deposition transcripts, expert witness fees, records, mediator fees and travel. In a small case they may be a few hundred dollars; in a case with experts and depositions they can rival the attorney fees themselves.
Because costs are easy to overlook when comparing lawyers, a fee quote that seems cheap may simply leave them out. Ask every lawyer for a separate estimate of expenses.
The main categories of legal costs
| Cost | What it is | When it arises | Who sets the price |
|---|---|---|---|
| Filing fee | Fee to open a case or file certain motions | Start of a lawsuit, appeals, some motions | The court, by statute or fee schedule |
| Service of process | Delivering the complaint to the other party | After filing | Sheriff, marshal or private process server |
| Deposition costs | Court reporter, transcript, sometimes video | Discovery phase | Court reporting firms |
| Expert witness fees | Professionals who analyze and testify | Discovery and trial | The expert, usually hourly |
| E-discovery and document costs | Collecting, hosting and reviewing electronic records | Discovery | Vendors |
| Records and copies | Medical, business or government records | Throughout | Records custodians, sometimes capped by state law |
| Mediator fees | A neutral who helps the parties settle | Before or during litigation | The mediator, often split between parties |
| Travel | Mileage, lodging, airfare for hearings and depositions | Throughout | Actual cost, per the fee agreement |
| Appeal costs | Filing fees, transcripts, record preparation | After judgment | The appellate court and reporters |
Court fees vary by state, county and case type. In federal district court, the fee to file a civil case is $405 (a $350 statutory fee plus a $55 administrative fee), according to the federal judiciary's fee schedule; confirm the current amount on the U.S. Courts website. State court fees are set by each state and are usually listed on the court's website.
How costs are handled under different fee arrangements
- Hourly and flat fee matters: costs are normally billed to you as they arise, or paid from a deposit held in trust. Ask whether the firm passes costs through at actual cost or adds a markup or administrative charge.
- Contingency matters: the lawyer often advances costs and is reimbursed from the recovery. Rules based on ABA Model Rule 1.8(e) allow repayment to be contingent on the outcome, so whether you owe costs after a loss depends on your agreement. See the contingency fee guide.
- Limited-scope matters: you usually pay costs directly because you handle the filings.
Worked example: a costs budget
Illustrative figures only. A small contract lawsuit in state court that goes through discovery but settles before trial might include:
| Item | Estimate |
|---|---|
| Filing fee | $350 |
| Service on two defendants | 2 x $75 = $150 |
| Two depositions, transcripts | 2 x $900 = $1,800 |
| One expert, 10 hours at $300 | $3,000 |
| Mediator, half share | $1,200 |
| Copies, records, postage | $250 |
| Total costs | $6,750 |
That total sits on top of attorney fees. If you use the legal fee estimator, enter costs like these in the fixed-costs field so the range reflects the full budget.
Expenses that deserve questions
Most expenses are legitimate pass-through costs. A few are worth clarifying in the fee agreement:
- In-house copying and printing charged per page above actual cost.
- Online legal research charges billed separately from the hourly rate.
- Administrative fees expressed as a percentage of fees.
- Postage, phone and overhead items that many firms absorb.
- Markups on outside vendor invoices.
ABA ethics guidance on billing has long said that lawyers may pass on reasonable actual costs of services such as copying, but should not treat general overhead as a profit center without the client's agreement. If you see an unexpected expense line, ask for the vendor invoice.
Fee waivers if you cannot afford court costs
Courts can waive or reduce filing fees for people who cannot afford them. In federal court this is called proceeding in forma pauperis under 28 U.S.C. § 1915, and you apply by filing a financial affidavit. Every state has its own fee waiver process, typically based on receiving public benefits or having income below a set level. A waiver usually covers court fees, not expert witnesses or private vendors. Court self-help centers can explain the forms; see the guide to free and low-cost legal help.
Recovering costs from the other side
In many courts the winning party can ask the court to award certain "taxable costs," such as filing fees and some transcript costs, against the losing party. These are usually narrower than all of your expenses and do not include attorney fees unless a statute or contract shifts them. The guide to who pays attorney fees explains the difference.
For an overview of all fee types, see how lawyers charge, and for how costs stack up stage by stage, see the cost of a civil lawsuit.
Frequently asked questions
Are court costs included in a lawyer's flat fee?
Sometimes, but often not. Many flat fee quotes cover only the lawyer's work and list filing and government fees separately. Check the agreement.
Do I pay expenses if I lose a contingency case?
It depends on the agreement. Some firms absorb costs if there is no recovery; others require the client to repay them regardless of the outcome.
Can my lawyer charge for photocopies?
Yes, if the agreement allows it and the charge is reasonable. Ask whether copies are billed at actual cost or at a set per-page rate.
How do I find my court's filing fees?
Check the court's official website or its clerk's office. Federal fees are on the U.S. Courts website; state fees are published by each state's court system.
Sources
- United States Courts — federal court fee schedules and in forma pauperis information
- National Center for State Courts — links to state court systems and self-help resources
- American Bar Association — Model Rule 1.8(e) and ethics guidance on billing for expenses
