Contingency vs Hourly Attorney Fee Calculator
The right attorney fee structure depends on case complexity, expected duration, and your risk tolerance. This calculator compares contingency, hourly, and flat fee economics to find which leaves you with the most net recovery.
When Contingency Wins
Contingency is best when you cannot afford hourly fees, the case is risky, or the expected duration is long. Personal injury, employment discrimination, and consumer class actions almost always use contingency. Standard rates: 33% pre-litigation, 40% post-litigation.
When Hourly Wins
Hourly is best when the case is short and likely to resolve quickly. Business disputes with clear contracts, simple commercial collection, and document-heavy commercial litigation often resolve in 50-100 hours at $300-500/hour — far less than 33% contingency.
When Flat Fee Wins
Flat fee fits predictable matters: estate planning ($300-1500), simple business formation, simple contract drafting, uncontested divorce, name change, and immigration applications. The attorney bears time risk; you bear simplicity risk.
Source: ABA Model Rules of Professional Conduct Rule 1.5; state bar fee surveys. Last updated: May 2026.