Lawyer Contingency Fee Calculator

Contingency-fee retainers (no win, no fee) make legal representation accessible — but they leave plaintiffs surprised at how much of a settlement disappears to fees, costs, and medical liens. Run the math before signing the retainer, and again before accepting a settlement.

How Contingency Fees Work

Most contingency retainers in the US use a sliding scale: 33⅓% for settlements before suit is filed, 40% after suit, 45% through trial and appeal. Case costs (filing, expert witnesses, depositions) are usually advanced by the firm and reimbursed off the top of the recovery — but some retainers calculate fees on gross instead of net of costs, which is a big swing.

Watch the Retainer Wording

Three key questions to ask: (1) Is the fee calculated on gross settlement or on settlement minus case costs? Plaintiff-friendly is the latter. (2) Does the fee percentage rise if suit is filed, and how is that triggered? (3) Are you on the hook for case costs if the firm loses? Reputable firms eat costs on a loss; predatory ones don't.

Medical Liens Are Negotiable

Most plaintiffs don't know that medical liens (from hospitals, Medicaid, Medicare, health insurer subrogation) are routinely negotiated down 30–60% by experienced personal injury attorneys. A great attorney's lien negotiation can be the largest single contributor to your net check — sometimes worth more than the case fee percentage.

Lawyer Contingency Fee Template — What a Compliant Retainer Includes

A compliant US contingency-fee retainer must be in writing and signed by the client at the start of representation. Per Cornell LII Rule 1.5(c), the lawyer contingency fee template must spell out: (1) the percentage that will apply to settlement, after suit, and through trial/appeal; (2) whether the fee is calculated on gross recovery or on recovery after case costs; (3) what expenses the client is responsible for whether or not the case wins; (4) how medical liens and subrogation are handled. After settlement the lawyer must give the client a written statement showing the outcome, the deductions, and the net check. Reuse this calculator beside any template you receive — match the math line-by-line before you sign.

State Caps That Override Standard Sliding Scales

The 33⅓ / 40 / 45 ladder is the unregulated default, but several states cap contingency fees in specific case types, and your template must reflect the cap that applies to your case. California Business & Professions Code §6146 caps medical-malpractice contingency fees at 40% of the first $50,000, 33⅓% of the next $50,000, 25% of the next $500,000, and 15% above that (raised post-AB 35, 2026). New York Judiciary Law §474-a uses a similar sliding scale for med-mal. Florida and Michigan also cap med-mal contingency fees by statute. Before you sign, confirm the template's percentages match your state's cap for the case type — a flat 40% on a California med-mal recovery is unenforceable and grounds to renegotiate.

5-Question Red-Flag Checklist Before You Sign a Template

Run this checklist against any US lawyer contingency fee template a firm hands you. (1) Does the document state the exact percentage at pre-suit, post-suit filing, and trial/appeal — and define the trigger date for each bump? (2) Is the fee calculated on gross settlement, or on gross minus case costs? Prefer the latter. (3) Who eats case costs if the case loses? Reputable firms absorb them. (4) How are medical liens and health-insurer subrogation handled and negotiated? (5) Does it commit the firm to a written close-of-case statement showing every deduction and your net check? Any "no" or vague answer is grounds to renegotiate. Reference: Cornell LII Wex — Contingent Fee.

Free Lawyer Contingency Fee Template — Clauses to Copy

Below are the five clauses every free lawyer contingency fee template you download should contain, in order. Missing any of these is grounds to send it back before signing. (a) Scope of representation: the exact matter the firm is handling and any excluded work (appeals, related claims). (b) Fee schedule: 33⅓% pre-suit / 40% post-suit / 45% trial or appeal, with the trigger date for each step defined as the date a specific court document is filed. (c) Costs paragraph: whether the firm advances case costs, whether costs are reimbursed off the top before the fee is applied, and what happens to costs on a loss. (d) Lien handling: the firm's duty to negotiate medical liens, Medicaid/Medicare subrogation, and health-insurer reimbursement claims before disbursement. (e) Written close-of-case statement: the itemized statement the firm must give you showing gross recovery, every deduction, and the net check — required under ABA Rule 1.5(c). Match every clause line-by-line against the calculator above; if the numbers don't reconcile, the template isn't compliant.

Last updated 2026-07-13. Sources: ABA Model Rule 1.5, Cornell LII Rule 1.5, Cornell LII Wex Contingent Fee, California B&P §6146, Nolo Contingency Fee Guide.