Discuss Fees

When you're injured or your rights have been violated, you already have a lot going on. Talking to a lawyer might feel like just one more thing to worry about—especially when you think it might be expensive. But here’s something important: always discuss fees right at the start.

Some people feel weird bringing it up, but you shouldn't. Asking about money doesn't make you rude or selfish. It makes you smart. It protects you from surprises later, and it helps you understand what to expect.

A good lawyer will welcome the conversation. They know it’s a big deal, and they’ll explain everything in a way that makes sense.

Understanding Contingency Fees

Most serious injury and civil rights lawyers work on what’s called a contingency fee. That means they don’t get paid unless they win or settle your case. You don’t pay anything up front.

Here’s the simple version:

• If you win, the lawyer gets a percentage of your settlement or award.

• If you lose, you usually don’t pay anything.

• The lawyer covers all case costs while they work on it.

This setup helps people who don’t have cash for legal bills. It gives everyone a fair chance to fight for justice, no matter how much money they have in the bank.

What Percentage Do They Take?

Most lawyers take around 33%, or one-third, of whatever you win. But this number can change depending on how the case goes.

Some examples:

• 33% if it settles out of court

• 40% if it goes to trial

• Maybe less than 33% for very simple or small cases

• In rare cases, it could be more if there are special risks involved

Always ask for the exact percentage. And ask if it changes depending on what happens with your case.

The Difference Between Fees and Costs

This is something a lot of people don’t realize: fees and costs are two separate things.

• Fees are what the lawyer earns for doing the work

• Costs are the things the lawyer pays for during the case (like filing fees, expert witnesses, medical records, and court reporters)

Most lawyers cover the costs while your case is going on, then take them out of your settlement later.

That’s why it’s smart to ask:

• “Do you take your fee before or after costs are deducted?”

• “What kinds of costs should I expect?”

• “Is there a limit to how much you’ll spend on case costs?”

These questions can save you from stress later.

Hourly and Flat Fees: When Are They Used?

While contingency fees are most common in personal injury and civil rights cases, some lawyers charge by the hour or a flat rate.

You might run into these if:

• You’re asking for legal advice but not full representation

• Your case is a civil matter that doesn’t involve money damages

• You’re doing part of the case yourself and just need help with certain steps

• The lawyer does not believe the case will settle for money but still wants to assist you

Hourly rates can range from $100 to over $500 an hour depending on the lawyer and location. Flat rates are usually for very specific services.

Do Lawyers Ever Work for Free?

Yes—some lawyers take pro bono (free) cases. This is more common in civil rights law, especially if your case involves things like:

• Police abuse or brutality

• Wrongful arrest

• Discrimination

• Housing rights

• First Amendment issues

If your case helps the public or could lead to policy change, a lawyer might take it for little or no money.

You can also reach out to legal aid organizations that help low-income individuals. These groups can sometimes connect you with lawyers who are willing to help for free or at a reduced rate.

Fee-Shifting in Civil Rights Cases

Here’s something unique to many civil rights lawsuits: fee-shifting.

If you win, the law may say the other side (like the police or a city agency) has to pay your lawyer’s fees. This means:

• You keep more of your settlement

• The lawyer still gets paid

• The burden shifts to the side that broke the law

Ask your lawyer if fee-shifting could apply to your case. It’s a powerful legal tool that can help even the playing field.

Watch Out for Hidden Fees

Most lawyers are honest, but some firms try to hide extra fees in the fine print. These might include:

• “File opening” or “setup” fees

• Administration charges

• Unexplained office costs

• Charges for phone calls or emails

Always read the agreement carefully. Ask for a full list of any fees or costs that could come up. And if something looks confusing or vague, ask what it means.

A good lawyer will explain every line of the contract before you sign it.

Get It All in Writing

Never rely on a handshake or verbal promise. Your fee agreement should be written down and signed by both you and the lawyer.

Look for the following details in the agreement:

• Contingency percentage

• What happens if you win or lose

• Whether case costs are deducted before or after fees

• What happens if you fire your lawyer

• What happens if your lawyer quits

• If other lawyers or firms will split the fee

Ask for a copy of the agreement and keep it somewhere safe.

What If You Fire Your Lawyer?

You have the right to switch lawyers at any point. But that doesn’t mean you won’t owe something.

In most cases:

• Your new lawyer will split the final fee with your old one

• You don’t pay twice—the lawyers work it out

• You might need to sign a release so your new lawyer can take over the case

Make sure your new lawyer explains how that works so you’re not caught off guard.

What If You Can’t Afford a Lawyer at All?

If you’re completely unable to afford legal help, try these options:

• Legal Aid: Nonprofit legal help for low-income people

• Law School Clinics: Students work under supervision to help clients

• Bar Association Referrals: Your local or state bar can help you find low-cost lawyers

• Civil Rights Organizations: Groups like the ACLU sometimes take cases or offer referrals

Don’t give up just because you think you can’t afford help. There are options out there if you ask around.

Talk About Money Early—Not Later

Some people wait until the case is moving to ask about fees. That’s a mistake. You should always talk about fees during your first meeting.

Try saying:

• “Can we go over how payment works?”

• “What are the total costs I could be responsible for?”

• “Is there a situation where I’d owe money even if we lose?”

• “Do I pay for things like experts or records, or do you?”

It’s better to feel a little awkward asking now than confused or angry later.

Real-Life Example: Why Fee Talks Matter

Anthony, age 45

Anthony was injured in a fall at work. He hired a lawyer without asking about fees. The lawyer got him a good settlement, but Anthony was shocked when the lawyer took out 40% and then charged him another $10,000 in costs. No one had explained that upfront. If he’d asked earlier, he could have made a more informed choice.

Lesson: Don’t be afraid to ask. Know what you’re signing.

Contingency fees take the pressure off you. But hourly fees might make sense in smaller, low-risk situations. Make sure to ask which type your case falls under.

Ask These Questions About Fees

Here’s a list you can take to your first meeting:

1. Do you work on contingency or another fee structure?

2. What percentage do you take if we settle?

3. What if we go to trial—does the percentage change?

4. Do I have to pay anything upfront?

5. What costs will I be responsible for?

6. Are costs taken out before or after your fee?

7. What happens if I lose the case?

8. Is there a written agreement I can review?

9. Can you explain all the terms in simple language?

10. Will I owe anything if I decide not to move forward?

Print this list or copy it down—it could save you from confusion and help you feel more confident in your choice.

FINAL THOUGHTS

Talking about money can feel uncomfortable, but it shouldn’t be when it comes to your case. When you discuss fees, you’re protecting yourself, your future, and your peace of mind.

A lawyer who truly cares will be honest about what they charge and how they get paid. They won’t pressure you. They won’t hide anything. They’ll work with you to make sure you understand exactly how things work.

If you're dealing with an injury or a civil rights issue, you already have enough to worry about. Don't add money confusion to the list. Be upfront. Ask questions. Get answers in writing. You deserve clear info and fair treatment from the very first conversation.

Because when it comes to hiring a lawyer, knowing how the fees work is just as important as knowing the law.