A contingency fee lawyer is paid a share of the money you recover instead of an hourly fee: usually 33% (one-third) if the case settles and often 40% if it goes to trial, with no attorney fee if you recover nothing. On a $30,000 settlement, a 33⅓% fee is $10,000, plus case costs. Some claims are capped by law, such as Social Security disability at 25% up to $9,200 (as of October 2026; Nolo, Clio, ABA Model Rules, SSA).
Updated October 10, 2026. Source: Nolo + 9 more. National US figures; your state and case will differ.
This guide explains the usual percentages, how case costs change what you take home, where the law caps or bans contingency fees, and what the agreement must say. Our personal injury lawyer fees and car accident lawyer fees guides apply these rules to specific cases; for hourly and flat-fee pricing, see how much a lawyer costs.
Typical contingency fee percentages
Percentages from consumer-legal publishers, legal-industry sources and official rules reviewed in October 2026. Your state’s rules and your signed agreement control.
| Fee arrangement or scenario | Typical cost | When it applies |
|---|---|---|
| Standard fee (settlement) | About 33% (one-third) | Nolo calls 33% the usual car accident fee; Clio says most lawyers charge about 33%–35% |
| Sliding scale by stage | 25% before a lawsuit / 33% after filing / 40% at trial | Some lawyers agree to a lower share for early settlements; you usually have to ask (Nolo) |
| Overall market range | 20%–40% (Clio); 25%–50% (LegalZoom) | Shares above 40% are uncommon and may be challenged as unreasonable |
| Employment claims | Typically 33%–40%, and some agreements go up to 50% | Discrimination, wrongful termination, unpaid wages (Workplace Fairness, LegalZoom) |
| Social Security disability | 25% of past-due benefits, max $9,200 | Federal cap for favorable decisions on or after Nov. 30, 2024 (SSA) |
| Federal Tort Claims Act (claims against the US) | 20% administrative / 25% in court | 28 U.S.C. § 2678 caps fees by law |
| Criminal defense and divorce | Not allowed | ABA Model Rule 1.5(d) bans contingency fees in these matters |
Worked example: a $30,000 settlement
Illustration at a one-third (33⅓%) fee with $3,000 in case costs. The agreement decides whether costs come out before or after the fee is calculated.
| Fee on the gross amount | Fee after costs are deducted | |
|---|---|---|
| Settlement | $30,000 | $30,000 |
| Fee calculated on | $30,000 | $27,000 |
| Lawyer’s fee (33⅓%) | $10,000 | $9,000 |
| Case costs repaid | $3,000 | $3,000 |
| You receive (before any medical liens) | $17,000 | $18,000 |
Same case, different stages
How a sliding scale changes the fee on a $30,000 recovery (illustration using the 25% / 33⅓% / 40% tiers Nolo describes).
| Where the case ends | Fee percentage | Lawyer’s fee |
|---|---|---|
| Settles with the insurer, no lawsuit filed | 25% | $7,500 |
| Lawsuit filed, settles before trial | 33⅓% | $10,000 |
| Goes to trial | 40% | $12,000 |
Examples of legal limits on contingency fees
Some claims have fee limits set by statute, agency rule or court rule. Checked on official or rule-text sources in October 2026.
| Type of claim | Fee limit | Rule |
|---|---|---|
| Social Security disability (fee agreement) | Lesser of 25% of past-due benefits or $9,200 | SSA |
| Federal Tort Claims Act, administrative settlement | 20% | 28 U.S.C. § 2678 |
| Federal Tort Claims Act, judgment or settlement in court | 25% | 28 U.S.C. § 2678 |
| Florida injury cases (recoveries up to $1 million) | 33⅓% before the defendant answers; 40% after; +5% for appeals | Florida Bar Rule 4-1.5(f)(4)(B) |
| Florida injury cases (portion from $1 million to $2 million) | 30% | Florida Bar Rule 4-1.5(f)(4)(B) |
Contingency fee vs. hourly billing
How the two most common arrangements compare for the client.
| Contingency fee | Hourly fee | |
|---|---|---|
| Upfront cost | Usually none | A retainer deposit is common |
| If you lose | Usually no fee; costs depend on the agreement | You still owe for the hours worked |
| Typical price | About 33%–40% of the recovery | US average $349/hour (Clio, 2025 data) |
| Common in | Injury, some employment and benefits claims | Divorce, criminal, business and estate matters |
What changes the price
- Stage when the case resolves. An early settlement usually carries the lowest tier; filing suit or going to trial often raises the share to 40%, because the lawyer does more work and takes more risk.
- Risk and complexity. Disputed fault, serious injuries or several expert witnesses make a case costlier to pursue, so lawyers may ask for a higher share or turn the case down.
- Size of the expected recovery. In large cases, lawyers may accept a lower percentage or a sliding scale. Florida’s rule, for example, drops the cap to 30% on the part of a recovery between $1 million and $2 million.
- Legal caps. Social Security disability (25% up to $9,200) and federal tort claims (20%–25%) are capped by federal law, and some states set their own schedules or caps.
- How costs are handled. Whether costs come out before or after the fee, and whether you owe them if you lose, can change your net recovery by thousands of dollars. Case costs can reach tens of thousands in contested cases (Nolo).
- Your state’s ethics rules. Each state adopts its own version of ABA Model Rule 1.5. Most require a signed written agreement and a written closing statement, and an unreasonable fee can be refused by a court.
How to save without sacrificing quality
- Ask for a sliding scale with a lower percentage if the case settles before a lawsuit is filed; Nolo notes most lawyers won’t offer it unless you ask.
- Ask for the fee to be calculated after case costs are deducted, and get in writing whether you owe costs if there is no recovery.
- Request periodic statements of costs advanced so expert and record fees don’t surprise you at settlement.
- Compare two or three lawyers; most offer free consultations for contingency cases, and the percentage is negotiable (Clio says there is no “standard” fee).
- Check whether a legal cap applies to your claim, such as Social Security disability or a claim against the federal government, before you sign.
Related questions people ask
What is a contingency fee lawyer?
A lawyer who is paid only if you recover money, by taking a set percentage of the settlement or award. If there is no recovery, you generally owe no attorney fee, although you may still owe case costs depending on the agreement.
What is the contingency fee for a personal injury lawyer?
Most personal injury lawyers charge about 33% of a settlement and often 40% if the case goes to trial; some offer 25% for a quick pre-lawsuit settlement. See our personal injury lawyer fees guide for case-specific details.
Do employment lawyers work on contingency?
Many do for discrimination, wrongful termination and unpaid-wage claims, typically taking 33%–40%, and some agreements go up to 50% (Workplace Fairness, LegalZoom). Some lawyers combine a reduced hourly rate with a smaller percentage. Our employment lawyer cost guide covers this in more detail.
What does “contingency fee basis” mean?
It means the fee depends on the outcome. Under ABA Model Rule 1.5(c), the agreement must be in writing and signed by the client, state the percentage at settlement, trial and appeal, and explain which expenses you will owe.
How do I find a contingency fee lawyer near me?
Your state or local bar association’s lawyer referral service can connect you with lawyers who take contingency cases, and many injury and employment firms offer free consultations. Check the lawyer’s license on your state bar’s website before signing.
What to get in writing: the fee agreement
ABA Model Rule 1.5(c) requires a contingency agreement to be in writing and signed by you. Before signing, make sure it spells out:
- The percentage at each stage: settlement before suit, after filing, at trial and on appeal.
- Which expenses will be deducted and whether they come out before or after the fee is calculated.
- Any costs you must pay even if you lose the case.
- How medical liens and health insurer claims will be handled and whether the lawyer will try to reduce them.
- What happens to the fee if you change lawyers before the case ends.
- That you will get a written closing statement showing the recovery, the fee, every cost and your net amount.
FAQ
Do I pay anything if I lose a contingency case?
You usually owe no attorney fee. Whether you owe case costs, such as filing fees or expert bills, depends on the agreement; the Onondaga County Bar Association notes clients typically remain responsible for court and litigation costs.
Is the contingency percentage negotiable?
Often, yes. Lawyers weigh the risk, expected work and case value, so a strong case with clear damages may get a lower percentage or a sliding scale.
Why can’t I hire a divorce or criminal lawyer on contingency?
ABA Model Rule 1.5(d), adopted in some form in every state, bans fees that depend on getting a divorce or on the amount of alimony, support or property, and bans contingency fees for criminal defense. Those lawyers charge hourly or flat fees.
Is the fee calculated on the gross or net settlement?
It depends on the agreement. A fee calculated after costs are deducted leaves you more money: in the $30,000 example above, the difference is $1,000.
Related fee guides
Sources
- Nolo — What Is the Standard Contingency Fee for a Car Accident Lawyer? (updated Jul 15, 2025). Checked October 10, 2026.
- Clio — 5 Tips for Determining Your Contingency Fees (updated Aug 22, 2024). Checked October 10, 2026.
- American Bar Association — Model Rules of Professional Conduct, Rule 1.5: Fees (accessed October 2026). Checked October 10, 2026.
- Social Security Administration — Fee Agreements ($9,200 cap effective Nov 30, 2024). Checked October 10, 2026.
- Cornell Law School LII — 28 U.S. Code § 2678: Attorney fees. Checked October 10, 2026.
- Florida Bar Rule 4-1.5 (rule text via FloridaJustice.com) — Fees and Costs for Legal Services (accessed October 2026). Checked October 10, 2026.
- LegalZoom — How Much Does a Lawyer Cost? (updated Jul 30, 2024). Checked October 10, 2026.
- Clio — Legal Trends Report data: national lawyer rates (2025 data, updated March 2026). Checked October 10, 2026.
- Onondaga County Bar Association — How Are Lawyers Paid? (accessed October 2026). Checked October 10, 2026.
- Workplace Fairness — How Much Does an Employment Lawyer Cost? (August 11, 2026). Checked October 10, 2026.
Fee figures are estimates and vary by state, lawyer and case. See our methodology and editorial policy. Browse all lawyer fees explained fee guides.