How much does litigation cost?
How much does litigation cost?
$200 – $550 average litigation lawyer hourly rate
$3,000 – $20,000+ flat fee
Average litigation lawyer cost
A litigation lawyer costs $200 to $550 per hour on average. Litigation costs range from as low as $3,000 for simple cases to $20,000+ for more complex cases. For personal injury or employment lawsuits, litigation lawyers may charge a contingency fee of 25% to 40% of the settlement amount instead of a flat fee or an hourly rate.
| Fee structure | Average cost | Details |
|---|---|---|
| Hourly rate | $200 – $550 per hour | Depends on location and attorney experience |
| Flat fee | $3,000 – $20,000+ | For simple, well-defined cases or specific tasks |
| Contingency fee | 25% – 40% of settlement | Common in personal injury, class action, and employment cases |
| Retainer | $5,000 – $15,000 | Initial deposit drawn from during the case |
What is litigation?
Litigation is the legal process of resolving a dispute through the court system. When parties can't reach an agreement outside of court, litigation provides a structured way to present evidence, argue legal positions, and obtain a binding decision from a judge or jury.
Common types of litigation include:
Business litigation: Contract disputes, partnership disagreements, and breach of fiduciary duty claims
Personal injury litigation: Car accidents, slip and fall cases, and medical malpractice
Employment litigation: Wrongful termination, discrimination, and wage disputes
Real estate litigation: Property boundary disputes, landlord-tenant conflicts, and breach of purchase agreements
Family law litigation: Divorce, child custody, and alimony disputes
Intellectual property litigation: Patent, trademark, and copyright infringement cases
What does a litigation lawyer do?
A litigation lawyer represents clients throughout the entire dispute resolution process. They investigate claims, gather evidence, draft legal documents, negotiate with opposing parties, and present arguments in court if a settlement can't be reached.
Litigation attorneys handle pre-trial activities like filing motions, conducting depositions, and managing discovery. They also develop case strategies, advise clients on legal options, and work to achieve the best possible outcome through settlement or trial.
What affects litigation costs?
Several factors affect the total amount you'll pay for litigation:
Fee structure
The way your attorney charges for services impacts your total costs. Litigation attorneys may use several different fee structures:
Hourly rate: You pay for each hour the attorney works on your case, including meetings, research, court appearances, and phone calls. Litigation attorney rates range from $200 to $550 per hour, depending on the attorney's experience and location.
Flat fee: The attorney charges a single predetermined amount for handling your entire case or specific tasks. This option works best for straightforward cases with predictable timelines. Flat fees may be as low as $3,000 to $5,000 for simple cases that don't involve a trial or $20,000+ for cases that go to trial.
Contingency fee: The attorney receives a percentage of your settlement or judgment only if you win. You typically don't pay anything up front, making this ideal for plaintiffs who can't afford hourly rates. Contingency fees range from 25% to 40% depending on the case type, complexity, and location.
Retainer: You pay an upfront deposit that the attorney draws from as they work on your case. Once depleted, you will need to replenish it to continue legal services. Retainer fees usually start at around $5,000 to $15,000.
Case complexity
Simple cases with clear-cut facts and minimal legal issues cost less to litigate than complex cases involving multiple parties, extensive evidence, or complicated legal questions. Costs increase for cases requiring expert witnesses, extensive discovery, or novel legal arguments.
The number of motions filed, depositions conducted, and documents reviewed all add to the total expense. Cases that go to trial are significantly more expensive than those settled during negotiation or mediation.
Attorney's experience & reputation
Highly experienced attorneys with strong track records charge higher rates than newer lawyers. However, their expertise often leads to more efficient case handling and better outcomes, potentially saving money in the long run.
Attorneys at large, prestigious law firms charge more than solo practitioners or small firm lawyers. Their overhead costs are higher, but they may have more resources and specialized expertise for complex cases.
Length of case
Litigation timelines vary dramatically depending on the case complexity and court schedules. Simple cases may resolve in a few months, while complex litigation can drag on for years, increasing attorney fees and costs.
Delays caused by court backlogs, discovery disputes, or motion practice extend the case duration and increase expenses. The longer your case takes, the more you'll pay in legal fees and associated costs.
Court costs
Court-related expenses add to your litigation costs beyond attorney fees:
Court filing fees: Charges to file complaints, motions, and other documents with the court, typically ranging from a few hundred to several thousand dollars
Summons and process server fees: Costs to officially notify defendants and other parties of legal actions
Deposition fees: Expenses for court reporters to transcribe witness testimony, costing several hundred to several thousand dollars depending on the length
Expert witness fees: Charges for specialists to review evidence and provide testimony, often ranging from several thousand to tens of thousands of dollars depending on the expert's field and time required
Location
Geographic location plays a role in determining your litigation costs. Attorneys in major metropolitan areas like New York, Los Angeles, Boston, and San Francisco charge much higher rates than lawyers in smaller cities or rural areas.
State-specific factors also affect pricing. Some states have more complex legal procedures or higher court filing fees that increase overall litigation expenses.
Choosing a litigation attorney
Follow these steps when searching for a qualified litigation attorney in your area:
Review client feedback on sites like Lawful and Google.
Confirm the attorney has a history of success with cases like yours.
Select an attorney who provides a clear explanation of their fee structure to prevent surprise charges.
Get a detailed written contract before any work begins.
Questions to ask a litigation attorney
When evaluating litigation attorneys, ask these questions:
What percentage of your practice is devoted to cases like mine?
Have you managed cases like mine, and what were the outcomes?
Who will be working on my case?
Will you delegate any tasks to junior attorneys or paralegals?
What are the possible outcomes of my case?
What alternatives do I have besides going to trial?
How long do you expect my case to take to resolve?
What is your fee structure?
Can you provide a ballpark estimate of the total costs, including fees and expenses?
What is your assessment of my case, and do you see any major challenges or strengths?
How often will you bill me?
How will you keep me informed about the progress of my case?
Do you have testimonials or references from past clients?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.