Attorney Contingency Fee Calculator

How to Use This Tool

Enter your total expected case gross recovery (settlement or judgment amount) in the first field. Select your contingency fee percentage from the dropdown, or choose "Custom Percentage" to enter a specific rate from your retainer agreement. Add all out-of-pocket case expenses, including filing fees, expert witness costs, and court reporting fees. Choose your fee calculation method as specified in your contract: either fee calculated on total gross recovery with expenses deducted afterward, or expenses deducted first with the fee applied to the remaining amount. Click "Calculate Fees" to see a full breakdown of attorney fees, expenses, and your net recovery.

Formula and Logic

Two calculation methods are supported, matching common contingency fee contract structures:

• Gross Recovery First: Attorney Fee = Gross Recovery × (Contingency Fee Percentage / 100). Client Net = Gross Recovery - Attorney Fee - Case Expenses.
• Net Recovery First: Net After Expenses = Gross Recovery - Case Expenses. Attorney Fee = Net After Expenses × (Contingency Fee Percentage / 100). Client Net = Net After Expenses - Attorney Fee.

All results are rounded to two decimal places for currency accuracy. The visual progress bar shows the proportion of gross recovery allocated to attorney fees, case expenses, and client net recovery.

Practical Notes

• Contingency fee percentages vary by case type: personal injury cases commonly use 33.3% pre-filing, 40% post-filing, while employment or civil rights cases may use 25-40% depending on jurisdiction.
• Case expenses are often deducted from the client's share of recovery, but some contracts require expenses to be split proportionally between attorney and client. Always review your retainer agreement for specific expense allocation terms.
• Some jurisdictions cap contingency fees for certain case types, such as workers' compensation or medical malpractice. Fee caps may range from 20% to 50% depending on local regulations.
• This tool does not account for tax implications of legal recoveries, which may be taxable in whole or in part depending on the nature of the case.

Why This Tool Is Useful

Contingency fee agreements are often complex, with fine print about expense deductions and calculation methods that can significantly impact your net recovery. This tool helps you model different scenarios before signing a retainer, so you understand exactly how much you will take home after legal fees and costs. Small business owners and individuals can use it to compare fee offers from multiple attorneys, or to verify calculations provided by their legal counsel. It removes ambiguity from fee structures, helping you make informed decisions about legal representation.

Frequently Asked Questions

Are contingency fees negotiable?

Yes, contingency fee percentages are almost always negotiable, especially for high-value cases or clients with strong evidence. Many attorneys will lower their percentage if the case is likely to settle quickly without extensive litigation. Always ask about fee flexibility before signing a retainer.

Do I have to pay case expenses if I lose my case?

This depends on your retainer agreement. Some contracts require you to pay expenses regardless of case outcome, while others (called "no win, no fee" agreements) waive expenses if you lose. Always clarify expense liability in writing before hiring an attorney.

Can an attorney charge more than the agreed contingency percentage?

No, attorneys are ethically bound to adhere to the fee percentage specified in your signed retainer agreement. Any changes to the fee structure must be made in writing and signed by both parties. If you believe your attorney has overcharged, contact your state bar association for guidance.

Additional Guidance

This tool provides estimates only and does not constitute legal advice. Contingency fee rules vary by U.S. state and international jurisdiction: for example, California caps contingency fees at 25% for workers' compensation cases, while New York requires written fee agreements for all contingency cases. Always consult a qualified attorney in your jurisdiction to review your specific fee agreement. Fee structures may also change if a case goes to trial, as many attorneys charge higher percentages for litigation versus pre-trial settlement. Keep detailed records of all case expenses to ensure accurate calculations, and request a full fee breakdown from your attorney at the close of your case.

Regulatory changes to contingency fee rules occur periodically, so verify current local regulations with your state bar association or legal aid organization. This tool is not updated in real time with jurisdictional rule changes, and results should be confirmed with a licensed legal professional.